Proposed changes to the Canadian Criminal Code
Below is the current text of the section of Canadian Criminal Code Part XIII Section 268, which prohibits the medically unnecessary genital cutting of females under 18 years of age. The proposed additional word prepuce (which would effectively extend protection against genital cutting to males) appears in boldface:
Aggravated assault
268. (1) Every one commits an aggravated assault who wounds, maims, disfigures or endangers the life of the complainant.
Punishment
(2) Every one who commits an aggravated assault is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
Excision
(3) For greater certainty, in this section, “wounds” or “maims” includes to excise, infibulate or mutilate, in whole or in part, the prepuce, labia majora, labia minora, or clitoris of a person, except where
(a) a surgical procedure is performed, by a person duly qualified by provincial law to practise medicine, for the benefit of the physical health of the person or for the purpose of that person having normal reproductive functions or normal sexual appearance or function; or
(b) the person is at least eighteen years of age and there is no resulting bodily harm.
Consent
(4) For the purposes of this section and section 265 [“Assault”], no consent to the excision, infibulation or mutilation, in whole or in part, of the prepuce, labia majora, labia minora or clitoris of a person is valid, except in the cases described in paragraphs (3)(a) and (b).
Notes:
-“Prepuce” is the anatomical term for the foreskin. The “female foreskin” is the clitoral hood, which develops from the same fetal structure.
-This revision does not prohibit circumcision altogether; it specifically prohibits only the medically unnecessary circumcision of children. Consenting adults remain free to modify their genitals as they see fit.
-Additional changes will be required to protect the genitalia of intersex children from unnecessary genital cutting.
If you would like to help CAN-FAP ban the unnecessary genital cutting of all Canadian children—male, female and intersex—get involved!