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The accused argued there was no rational basis for distinguishing anal intercourse from other forms of consensual sexual activity and that the provisions discriminated against homosexuality (even though he was thirteen year old sex heterosexual). The accused’s application was allowed and thirteen year old sex the defence of consent was read into thirteen year old sex the provisions and the accused was acquitted. Although the accused argued the provision had a disproportionate effect on gay men by making it a crime for young gay males to engage in a primary mode of sexual intercourse, when young heterosexual males could engage in their primary mode of sexual intercourse, namely vaginal intercourse, the trial court found it unnecessary to consider these equality rights arguments as it found on a different section of the Charter.
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