Legal Question in Discrimination Law in Canada

Legal homosexual dating..?

Okay, my friend has introduced us and we've fell in love for eachother ever since. I'm 15 and hes 19. He'll be turning 20 two weeks before I turn 16. Anyways, I have a social worker and shes preventing us from seeing eachother because of our age difference. Ive heard its illegal to have sex, but were not planning on doing anything. All we do is casual dating, hold hands and kiss. Now, my social worker wont let me go see him. Its dating, not sex, huge difference. I need to know if its okay since im 15 and hes 19.


Asked on 1/01/08, 6:04 pm

1 Answer from Attorneys

Re: Legal homosexual dating..?

Under the Criminal Code, it is legal for anyone over 14 years of age to have consentual sexual contact. Many people assume it's 16 - it's not, although many Members of Parliament are now trying to amend that section of the Criminal Code of Canada.

This is not absolute, however. Certain people in authority positions cannot have sexual contact with you, even if you consent (i.e. teachers, doctors) - because of the positions of trust they hold.

Furthermore, anal sex is still limited to persons over 18 years of age - however, this section of the Criminal Code would likely be ruled unconstitutional if someone was ever arrested for it - as it clearly discriminates against young gay men.

In terms of your situation, I cannot give you specific advice. I don't know what the reason is for you being assigned a social worker, and whether the social worker was appointed by the court (and under what terms and restrictions). You may want to find a legal aid clinic or law students clinic if you are in a city with a university that has a law school. They may be able to help.

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Answered on 1/02/08, 11:43 am


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