Written by Anonymous
That Bill C-7.11 entitled *An Act to An Act to amend the Criminal Records Act (homosexual activities)* be amended as follows: (i) Section 2 is deleted. (ii) Section 3 is replaced by the following: > **2\.** Section 2.2 of the Criminal Records Act is amended by adding the following after subsection (2): > > (3) An application for a pardon under section 4.11 shall be determined by a panel that consists of one member of the Board. (iii) section 4 is replaced by the following: > **3\.** The Criminal Records Act is amended by adding the following after section 4.1: > > > 4.11 (1) In this section, “moral offence” means an offence under: > > > > (a) section 174 of the Criminal Code, chapter 29 of the Statutes of Canada, 1892; > > > > (b) section 202 of the Criminal Code, chapter 146 of the Revised Statutes of Canada, 1906; > > > > (c) section 202 of the Criminal Code, chapter 36 of the Revised Statutes of Canada, 1927; > > > > (d) section 147 or 149 of the Criminal Code, chapter 51 of the Statutes of Canada, 1953-54; or > > > > (e) section 159 of the Criminal Code, chapter C-46 of the Revised Statutes of Canada, 1985. > > > > (2) The Board shall grant a pardon to an applicant if the Board is satisfied that > > > > (a) the applicant was convicted of a moral offence; > > > > (b) the circumstances surrounding the commission of the offence indicate that > > > > (i) the other person involved in the act that constitutes the offence consented to the act and the consent was valid under Acts of Parliament in force at the time of the act, and > > > > (ii) the act that constitutes the offence involved only homosexual activities that would not constitute an offence under any Act of Parliament in force. > > > > (3) No record of a pardon under subsection (2) shall be disclosed to any person. > > > > (4) A pardon granted under subsection (2) has all the effects of a pardon under this Act before March 12, 2012 in addition to any effect of a record suspension. (iv) The following is added before section 5: > **4\.** (1) Pardons granted for homosexual activities as a result of this Act are not to be construed so as to recognize the acts pardoned were wrong. > > (2) The Government of Canada apologizes to all people affected by the historic persecution of LGBTQ+ Canadians who were unjustly convicted of criminal offences, dismissed from the public service, discharged from the military or otherwise discriminated against in government work. >