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Expungement of Historically Unjust Convictions Act (S.C. 2018, c. 11)

Act current to 2020-09-09

Criteria

Marginal note:Order

 The Governor in Council may, by order, establish the criteria related to an offence listed in the schedule that must be satisfied for expungement of a conviction to be ordered.

Same-Sex Sexual Offences

Marginal note:Offences listed in items 1 to 6 of schedule

 An application for an expungement order for a conviction in respect of the offences listed in items 1 to 6 of the schedule must include evidence that the following criteria are satisfied:

  • (a) the activity for which the person was convicted was between persons of the same sex;

  • (b) the persons other than the person who was convicted had given their consent to participate in the activity; and

  • (c) the persons who participated in the activity were 16 years of age or older at the time the activity occurred or the person who was convicted would have been able to rely on a defence under section 150.1 of the Criminal Code, had that defence been available in respect of the offence.

Marginal note:Interpretation

 For the purposes of section 25, consent means the voluntary agreement of the persons to engage in the sexual activity in question, within the meaning of section 273.1 of the Criminal Code.

Related Amendments

Criminal Code

 [Amendment]

 [Amendment]

 [Amendments]

Sex Offender Information Registration Act

 [Amendments]

 
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