By Forrest Picher
Implicitly, gay men are protected under the Canadian Charter of Rights and Freedoms and supposedly enjoy the same rights as heterosexual people.1 Yet, there remains a legal discrimination against homosexual sex: homosexuals cannot engage in group sex, while heterosexuals can. Writing in 2014, Thomas Hooper explains “section 159 of the Criminal Code codifies mononormativity and maintains the legacy of gross indecency, as anal sex is only legal in Canada if it is ‘engaged in, in private, between… any two persons.’”2 In this way, any group sex between homosexual men, for example, is technically illegal in the Canadian Criminal Code and police are legally justified to raid places in which such activity occurs. And they do. In Calgary in 2002, for example, the police raided Goliath’s bathhouse, an establishment that was used by gay men in the community as a meeting place for sex.3 This raid demonstrates that the legal ambiguities that led to the 1981 bathhouse raids in Toronto, as I will discuss, continue to be problematic. In fact, one bartender in Calgary stated after the 2002 raid: “This is so reminiscent of 1981 in Toronto, it’s sickening.”4
On February 5, 1981, 200 plainclothes police officers raided four Toronto bathhouses leading to the largest mass arrest since the October Crisis ten years earlier. Continue reading