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I proceed with the enquiry as to whether the differentiation on the ground of sexual orientation constitutes unfair discrimination. These are the criminal forms by means of which anal intercourse with a woman, without her consent, is punished. The disadvantage they suffer comes not from a consequence of prejudice, it comes from prejudice itself. As already mentioned above it is not suggested that these submissions would or should lead to a result any different from that contended for by Mr Marcus on behalf of the applicant. He argues that the concept of perversion gave way to that of pluralism, but that there are still limits to what is acceptable in sexual behaviour. There are other difficulties, some of which were raised with counsel in argument.

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Fortunately, for the reasons already given, 9 [5] we are able in the particular circumstances of this case to consider the constitutional validity of the common-law offence of sodomy itself. Chat to us 7 days a week. The stereotype of the level-headed, unemotional man as being the best person to hold positions of leadership, has served many men well enough. Conversely, an invasion of dignity is more easily established when there is an inequality of power and status between the violator and the victim. In terms of section 1 b of the Constitution, it is ordered that the order in paragraph 1.

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The fact that all these groups were regarded as being particularly vulnerable in our society, and that in the case of the disabled and the young mothers, they belonged to groups who had been victims of discrimination in the past, weighed with the Court in concluding that the discrimination was not unfair Canada 29 CRR 2d 79 at remarked:. It need not have been so. Dignity is a difficult concept to capture in precise terms. In my view Heher J correctly held that the provisions of section 20A of the Sexual Offences Act are inconsistent with section 9 of the Constitution and invalid.

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