Does the offence of "anal intercourse" after 1988 violate section 159 of the Charter?

British Columbia, Canada


The following excerpt is from R. v. Sharpe, 2004 BCSC 240 (CanLII):

This submission was based on Halm v. Canada (Minister of Employment and Immigration), 1995 CanLII 3573 (FC), [1995] 2 F.C. 331 at para. 54. In that case it was held at that the offence of “anal intercourse” as defined by s. 159, after 1988, violated ss. 7 and 15 of the Charter.

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