The Problems with Bill C-250
by John Pacheco
1. Sexual Orientation is not defined. For instance, is pedophilia a sexual orientation? Can a citizen be imprisoned for advocating prison sentences for sexual predators? (See Appendix 1)
2a) Hatred is not is not statutorily defined. But the Supreme Court of Canada has defined it as connoting an emotion of intense and extreme nature that is clearly associated with vilification and detestation: R. v. Keegstra,  3 S.C.R. 397. Is vilification and detestation of homosexual acts considered hate? Where does this leave the bible in relation to hate legislation in light of texts like Romans 1:24-27? Will the bible be banned in Canada as hate literature?
2b) Hatred is a highly speculative judgment. What is understood as hatred to some people is considered criticism to others. Many of our opponents have labeled opposition to Bill C-250 or rational criticism of homosexuality hatred. (See Appendix 2)
3. There is no language regarding the intent to cause harm. Without the requirement to prove a defendants intent to cause harm, anyone who might genuinely care for a person with homosexual inclinations can be convicted for their criticisms of the lifestyle or even their recommendations of therapy.
4. There is no provision for a non-religious defense. Subsection 319(2) provides an exemption from conviction by referring to a religious text. But what if a citizen appeals to Anthropology, Science, Anatomy, Natural Law or mere personal conviction without reference to a religious text? There is no provision for a defense on these bases.
5. There is no protection for health professionals who counsel and speak out against the destructive homosexual lifestyle. Homosexual activity has been long acknowledged to be very unhealthy. Yet, this legislation will stifle legitimate debate and discovery in the medical community. Not only will it lead to possible criminal convictions against doctors, but their professional associations might threaten them with sanctions and dismissal if they do not abide by the law (See Appendix 3).
6. Citing a religious text does not exempt a citizen from prosecution under the legislation. Although there is an exemption from conviction under Section 2 which deals with promotion of hatred (no defense can be used unless a religious text is cited), there is no such defense at all under Section 1 which deals with incitement of hatred. Technically, therefore, there is no real protection for those who appeal to a religious text. The prosecutor will simply by-pass Section 2 and indict the offender under Section 1.
7. The definition of incitement of hatred in Section 1 is purposely designed to intimidate and suppress freedom of speech. The legislation says that if the incitement is likely to lead to a breach of the peace, a citizen would be convicted. Breach of the peace can simply mean upsetting a group of homosexual activists whose peace has been breached!
8. The Bill is a political ploy to silence dissent from the Gay Agenda. The Bill is being proposed at a time where judicial activism is out of control. Because the judiciary in Canada is determined to re-engineer the social structure of society (as evidenced, for instance, by its destruction of the traditional definition of marriage), this legislation will be used as an intimidation ploy to silence people of faith, particularly Christians. Sympathetic judges and a zealous prosecutors could easily result in widespread religious persecution which has already started in earnest (See Appendix 4).
Appendix 1 - Bill C-250 Criminal Code Amendment
Adds sexual orientation to the phrase identifiable group in Subsection 318(4). This will mean that anyone who incites hatred against those with a sexual orientation would be indictable under Section 319 which reads as follows:
319. (1) Every one who, by communicating statements in any public place, incites hatred against any identifiable group where such incitement is likely to lead to a breach of the peace is guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or (b) an offence punishable on summary conviction. Wilful promotion of hatred
(2) Every one who, by communicating statements, other than in private conversation, wilfully promotes hatred against any identifiable group is guilty of (a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or (b) an offence punishable on summary conviction. Defences
(3) No person shall be convicted of an offence under subsection (2) (a) if he establishes that the statements communicated were true; (b) if, in good faith, he expressed or attempted to establish by argument an opinion on a religious subject; (c) if the statements were relevant to any subject of public interest, the discussion of which was for the public benefit, and if on reasonable grounds he believed them to be true; or (d) if, in good faith, he intended to point out, for the purpose of removal, matters producing or tending to produce feelings of hatred toward an identifiable group in Canada.
Appendix 2 - Hate for Thee But not for Me
Source: Evangelical Fellowship of Canada
Appendix 3 - Specific Medical Consequences of Homosexual Behaviour
A) Mental Health
Two extensive studies in the Jan. 2001 issue of the American Medical Association's Archives of General Psychiatry : confirm a STRONG link between homosexual sex and suicide, and emotional and mental problems (Theo Sandfort, Ron de Graaf, et al., "Same-sex Sexual Behaviour and Psychiatric Disorders, " Archives of General Psychiatry, 58(1): 85-91, p. 89 and Table 2 (January 2001))
An extensive study in the Netherlands undermines the assumption that homophobia is the cause of increased psychiatric illness among gays and lesbians. The DUTCH have been MORE ACCEPTING of same-sex relationships than any other Western country and same-sex marriage is legal. The HIGH rate of psychiatric disorders associated with homosexual behaviour in the Netherlands CANNOT be attributed to social rejection and homophobia (Theo Sandfort, Ron de Graaf, et al., "Same-sex Sexual Behaviour and Psychiatric Disorders, " Archives of General Psychiatry, 58(1): 85-91, p. 89 and Table 2 (January 2001))
Compared to controls who had no homosexual experience in the 12 months prior to the study, males who had ANY homosexual contact within that time period were more likely to experience major depression, bipolar disorder, panic disorder, agoraphobia and obsessive compulsive disorder. (Theo Sandfort, Ron de Graaf, et al., "Same-sex Sexual Behaviour and Psychiatric Disorders, " Archives of General Psychiatry, 58(1): 85-91, p. 89 and Table 2 (January 2001))
B) Physical Health
Medical and social evidence indicates that men having sex with men leads to GREATER health risks than men having sex with women not only because of promiscuity but also because of the nature of sex among men. Anal sex, as a sexual behaviour, is associated with significant and life-threatening health problems. The fragility of the anus and rectum make anal sex a most efficient manner of transmitting HIV and other infections. The list of diseases found with extraordinary frequency among homosexuals as a result of anal sex is alarming (Anal cancer, Chlamydia trachomatis, Cryptosporidium, Herpes simplez virus, HIV, Human papilloma virus, Gonorrhea, viral hepatitus types B & C, Syphilis) (Anne Rompalo, "Sexually Transmitted Causes of Gastrointestinal Symptoms in Homosexual Men," Medical Clinics of North America, 74 (6) Nov. 1990)
Sexual transmission of some of these diseases is so rare in the exclusively heterosexual population as to be virtually unknown. Others, while found among heterosexuals and homosexuals, are clearly predominated by those involved in homosexual activity.
C) Life Span
An epidemiological study from Vancouver of data tabulated between 1987 and 1992 for AIDS-related deaths reveal that homosexuals lost up to 20 years of life expectancy. The study concluded that the probability of a 20-year-old gay man living to 65 was only 32%, compared to 78% for men in general (cigarette smokers lose on average about 13 years of life expectancy and look at the campaigns we have against smoking) (R.S. Hogg, S.A. Strathdee, et al., "Modeling the Impact of HIV Disease on Mortality in Gay and Bisexual Men," International Journal of Epidemiology, 26(3): 657-661 (1997))
D) Levels of Promiscuity
A far-ranging study of homosexual men published in 1978 revealed that 75% of white gay men admitted to having sex with more than 100 different males in their lifetime. (Alan P. Bell and Martin S. Weinberg, Homosexualties: A study of Diversity Among Men and Women, New York: Simon and Schuster, 1978)
By 1984, after the AIDS epidemic had taken hold, homosexual men curtailed promiscuity but not by much - instead of more than 6 partners/month in 1982, they had about 4 partners/month in 1984 (Leon Mckusick, et al., Reported Changes in the Sexual Behaviour of Men at Risk for AIDS, San Francisco, 1982-84, Public Health Reports, 100(6): 622-629 December 1985)
In more recent years, the U.S. Centres for Disease Control has reported an upswing in promiscuity among young homosexual men in San Francisco. From 1994-97 the percentage of homosexual men reporting multiple partners and unprotected anal sex rose from 24 to 33 percent. (Increases in Unsafe Sex and Rectal Gonorrhea among men who have sex with men - San Francisco, California, 1994-1997, Mortality and Morbidity Weekly Report, CDC, 48 (03): 45-48, p. 45 January 1999)
Appendix 4 - Persecution Against Christians in Canada
Around the World...(from CCRL)
The Catholic Legate
April 11, 2004