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Q: When was adultery repealed from the Criminal Code of Canada? ( Answered 5 out of 5 stars,   4 Comments )
Question  
Subject: When was adultery repealed from the Criminal Code of Canada?
Category: Relationships and Society > Law
Asked by: grthumongous-ga
List Price: $10.00
Posted: 10 May 2005 12:19 PDT
Expires: 09 Jun 2005 12:19 PDT
Question ID: 520079
Was adultery ever a Criminal offense in Canada (since 1867)?
I don't know if it ever was in Canada.  Apparently it is an offense,
in 2005, in North Carolina.

http://www.cbsnews.com/stories/2005/05/10/national/main694117.shtml
 
And that got me thinking.  Someone once told me that Frank Sinatra got
popped for adultery.
 
When/what year was adultery repealed from the Criminal Code of Canada?
You can feel free to limit the scope of your answer to adultery and
not stray into fornication or co-habitation.

Clarification of Question by grthumongous-ga on 10 May 2005 13:13 PDT
OK Pink, go for it.  If someone out there ever got charged/heard of
such a charge for the offense after 1985 then they will surely let us
know.
Answer  
Subject: Re: When was adultery repealed from the Criminal Code of Canada?
Answered By: pinkfreud-ga on 10 May 2005 13:33 PDT
Rated:5 out of 5 stars
 
Thank you for accepting my findings as your answer. 

As I mentioned above, adultery was, until 1985, a violation of
Canadian law if committed "in the home of a child":

"172. (1) Every one who, in the home of a child, participates in
adultery or sexual immorality or indulges in habitual drunkenness or
any other form of vice, and thereby endangers the morals of the child
or renders the home an unfit place for the child to be in, is guilty
of an indictable offence and liable to imprisonment for a term not
exceeding two years.

(2) [Repealed, R.S., 1985, c. 19 (3rd Supp.), s. 6]"

Criminal Code of Canada
http://www.tamerlane.ca/library/leg_can/cc_pfa.htm

Here is an interesting article about adultery laws in the United States:

Findlaw's Legal Commentary: Punishing Adultery in Virginia
http://writ.news.findlaw.com/grossman/20031216.html

In the United States, adultery between civilians is not typically
dealt with at the federal level. But there are notable exceptions. I
came across this rather astonishing fact on an educational site from
my home state, Oklahoma:

"Adultery is a crime under the laws of the United States when
committed on an Indian reservation. Goodson v. U. S., 7 Okla., 117; 54
Pac., 423. "

INDIAN AFFAIRS: LAWS AND TREATIES
http://digital.library.okstate.edu/kappler/Vol3/HTML_files/CYC0719C.html

My Google search strategy:

Google Web Search: canada OR canadian adultery law OR crime OR criminal
://www.google.com/search?hl=en&q=canada+OR+canadian+adultery+law+OR+crime+OR+criminal

Best regards,
Pink
grthumongous-ga rated this answer:5 out of 5 stars

Comments  
Subject: Re: When was adultery repealed from the Criminal Code of Canada?
From: pinkfreud-ga on 10 May 2005 13:05 PDT
 
It appears that adultery was, until 1985, a violation of Canadian law
if committed "in the home of a child":

"172. (1) Every one who, in the home of a child, participates in
adultery or sexual immorality or indulges in habitual drunkenness or
any other form of vice, and thereby endangers the morals of the child
or renders the home an unfit place for the child to be in, is guilty
of an indictable offence and liable to imprisonment for a term not
exceeding two years.

(2) [Repealed, R.S., 1985, c. 19 (3rd Supp.), s. 6]"

Criminal Code of Canada
http://www.tamerlane.ca/library/leg_can/cc_pfa.htm

This is the only evidence I've found which indicates that adultery
was, under certain circumstances, a crime in Canada.
Subject: Re: When was adultery repealed from the Criminal Code of Canada?
From: reinedd-ga on 10 May 2005 18:42 PDT
 
http://www.thesmokinggun.com/mugshots/sinatramug1.html
Subject: Re: When was adultery repealed from the Criminal Code of Canada?
From: reinedd-ga on 10 May 2005 18:58 PDT
 
The canadian web site was updated in  August 31, 2004  and the article
look the same

http://laws.justice.gc.ca/en/c-46/42339.html
Subject: Re: When was adultery repealed from the Criminal Code of Canada?
From: cybershoe-ga on 16 May 2005 06:44 PDT
 
It appears that pinkfreud has mis-read the statutes. Subsection 172(1)
is still in force. It is Subsection 172(2) that was repealed. Of note
is Subsection 172(4), which reads as follows:

"(4) No proceedings shall be commenced under subsection (1) without
the consent of the Attorney General, unless they are instituted by or
at the instance of a recognized society for the protection of children
or by an officer of a juvenile court."

Which essentially means that this section is only invoked when CAS or
another agency has already taken an interest in the involved child, or
the circumstances are otherwise egregious enough to get permission
from the AG to prosecute. If you're just banging the neighbours wife
on the side, you shouldn't have too much to worry about. IANAL.

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