Expand LGBT record expungement bill to cover 'bawdy house' raids, senators say

Some senators say a Liberal bill that will erase the criminal records for gay Canadians is too narrow and discriminates against Canadians who were swept up in 'bawdy house' raids and left with criminal records.

Government limited bill to just three offences to avoid delays, Goodale said

Kathleen Harris CBC News Posted: Apr 25, 2018 5:01 PM EDT | Last Updated: April 25, 2018

Some senators say a Liberal bill to expunge criminal records of LGBT Canadians is too narrow. (Mark Blinch/Canadian Press)

A Liberal bill to address historic injustices against LGBT Canadians is too narrow anddiscriminates against those swept up in 'bawdy house' raids and left with harmful criminal records, according to some senators studying the legislation.

Bill C-66allowsgay, lesbian and transgender persons to apply for past criminal recordsto be expunged, but eligibility is limited to three offences: gross indecency, buggery and anal intercourse.

Testifying before the Senate's human rights committee today, Public Safety Minister Ralph Goodale defended that decision, saying the government wants to focus initiallyon the "defunct" offences to avoid any delay that could be caused by including other offences that could prove more challenging to deal with.

"We have quite deliberately drafted the bill in such a way as to leave the door open for other offences after due consideration to be added in the future," he said.

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Conservative Sen.SalmaAtaullahjan asked why Prime Minister Justin Trudeau, in his formal apology delivered in the House of Commonson Nov. 28, 2017, specifically mentioned bawdy house provisions but leftthose offences out of the bill.

"This omission has generated significant concern for LGBT Canadians and others," she said.

Prime Minister Justin Trudeau teared up when he delivered a formal apology for decades of harassment of LGBT people in the House of Commons Nov. 28, 2017. (CPAC)

In that speech, the prime minister said discrimination against LGBTcommunities was codified in criminal offences like "buggery,""gross indecency"and bawdy house provisions.

"Bathhouses were raided, people were entrapped by police," he said.

In February 1981, Torontopolice officersarmed with crowbars and sledgehammersraided four city bathhouses andarrested more than250gay men.

TheExpungementof Historically Unjust Convictions Act allows those who were criminalized for same-sex activity between consenting adults to apply to the National Parole Board to have their records erased.

Spouses, parents, siblings, children or legal representatives can apply for record expungement on behalf of deceased persons.

Historical records preserved

Goodalesaid while the criminal record will be wiped out, the related documents will be retained to preserve the historical record.

"We're trying to make things right to the extent that is possible all these years later for people who did nothing wrong but were unjustly persecuted, to our collective embarrassment and shame," he said.

There are an estimated 9,000 historical records of convictions for gross indecency, buggery and anal intercourse in RCMPdatabases,but not all of them will be eligible for expungement.

Independent Sen.Ren Cormier, who sponsored the bill in the Senate, called the bill a step in the right direction but added the bawdy house exclusion is a flaw.

"To be frank and honest, I think we need to be reassured or to have further study on why you didn't include bawdy houses in the bill, because we know when we see people who have criminal records, bawdy houses were used as a reason for a number of offences," he said.

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Goodaleinsisted the bill allows for the addition of more offences in future, and suggested the Senate might take on the task of studying future adjustments.

"I would suggest this one doesn't need more study. It needs some follow-through,"said Conservative Sen.Raynell Andreychuk. "The community has been very strong as to what they want changed."

Helen Kennedy, executive director of advocacy organization Egale Canada, said more consultationwith the LGBTcommunity could have led to a stronger bill.

"We have some concerns and it's unfortunate that we were not consulted on the bill prior to it being pushed to the Senate," she said. "However, it's a question of getting this bill through and then re-visiting these other issues."

After the meeting,Ataullahjansaid the government's decisionwill disappoint many people, but she will takeGoodale'sword that more changes are down the road. She said she does not know what amendments or recommendations the Senate could make regarding the bill.