What the age of consent mean Under current legislation, Section 159 of the Canadian Criminal Code reads that 'every person who engages in an act of anal intercourse is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years'. The exceptions are a husband and wife, and any two persons over the age of 18. (Since the age of consent in Canada is otherwise 16), the law has been accused of discriminating against homosexuals.It was 16 and up to 18?