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In spite of Stephen Harper's statements, his Government did not attempted to re-open the issue of same-sex marriage.

"On December 7, 2006, members of the House of Commons voted down a Conservative motion to reopen the debate on the definition of marriage.

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On December 15, 2005, before his party formed a government, former Prime Minister Stephen Harper stated that his Government would resubmit the same-sex marriage issue to Parliament without relying on the notwithstanding clause, but his first-appointed Minister of Justice, Vic Toews, publicly stated that he supported the use of the notwithstanding clause in some cases.Under Section 159 of the Criminal Code, the age of consent for anal sex is currently unequal at 18 for both homosexuals and heterosexuals whilst oral sex and vaginal sex remains at 16, which has been found discriminatory by many political figures, publications, provincial and federal courts.Canada has frequently been referred to as one of the most gay-friendly countries in the world, with Canada's largest cities Toronto, Montreal, Vancouver and Ottawa featuring their own gay villages and being named among the most gay-friendly cities in the world.Lesbian, gay, bisexual, and transgender (LGBT) rights in Canada are some of the most advanced in the Americas and in the world.During the British North American era, same-sex sexual activity between men was a capital crime and resulted in the death penalty, however, there is no surviving record of any executions and political figures were reluctant to enforce the law.There has also been some funding to challenge provincial laws under a variety of programs, but its availability has varied considerably from province to province.The Constitution of Canada does not explicitly grant or deny any right to LGBT people, and Section 15 of the Charter prohibits the main types of discrimination to which LGBT Canadians may be subject.The rights of LGBT Canadians are now as well protected as those of other Canadians largely due to several court decisions decided under Section 15 of the Canadian Charter of Rights and Freedoms that was included in the Constitution of Canada in 1982, with Section 15 coming into effect in 1985.Some of the cases were funded under the Federal Government's now-defunct Court Challenges Program, which in 1985 was expanded to fund test cases challenging federal legislation in relation to the equality rights guaranteed by the Charter.The entire Charter is also subject to a general exception in section 1 that allows "such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society." The Oakes Test sets out the Supreme Court of Canada's interpretation of this exception.This analysis may consider conflicting Charter rights.


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