In a historic move, Canada has taken a significant step towards righting past wrongs by allowing those convicted under old abortion and anti-LGBTQ laws to have their records expunged. The decision is a long-awaited victory for the LGBTQ community, who have been advocating for this change for decades.
Prior to the year 1969, homosexuality was illegal in Canada. People who engaged in same-gender sexual activities could be charged with a crime and face imprisonment. Even after the law was amended in 1969 to decriminalize homosexuality, other discriminatory laws remained in place. For example, individuals could be charged with “gross indecency” for engaging in same-gender sexual activity in public or private, and this could result in a criminal record.
Since 2018 under C-66, Canadian citizens were allowed to apply to have convictions for “gross indecency” or sodomy removed from their records. The Minister of Public Safety Hon. Marco Mendicino has now expanded the list of convictions eligible for nullification to include laws which criminalized matters of abortion as well as prosecutions against those existing within LGBTQ spaces, like nightclubs and bars. In the 1980s, Canadian police infamously conducted “Operation Soap” raids upon bathhouses and other gay spaces, which resulted in hundreds of arrests.
“Today’s additions of abortion-related, bawdy house, and indecency-based offenses to the Expungement of Historically Unjust Convictions Act represent yet another important and necessary step towards righting historical and systemic discrimination faced by many Canadians,” says Mendicino.
Marci Ien, the Minister for Women and Gender Equality and Youth, says the new guidelines are “another crucial step” in the Canadian government’s 2SLGBTQI+ Action Plan which strives to protect the rights of sexual minorities.
“Canadians deserve non-discriminatory policies that put their safety first, which is why the Government of Canada recognizes that past laws and regulations were unjust and compromised the freedoms of 2SLGBTQI+ communities and women,” Ien says.
The expungement process is an important step towards healing and reconciliation for LGBTQ people who have been unfairly targeted and punished for their sexual orientation or gender identity. It sends a powerful message that discriminatory laws and practices have no place in a modern, inclusive society. While the process cannot undo the harm caused by past discrimination, it is a meaningful step towards acknowledging and addressing the wrongs of the past.
The expungement process is free, and individuals can apply online at the Parole Board of Canada website.
