in paragraph 8 above. It prohibits a person convicted of sodomy from registering as a security officer, or exposes him to having such registration withdrawn, and such conviction may lead to a finding of improper conduct for purposes of the Act. Justice and equity would seem to require an order having full retrospective effect, at least in respect of consensual sodomy in private between adult males. There is little or any likelihood of disruption. Its consequence would merely be to correct the registration of persons convicted and the setting aside of any findings of improper conduct based on the conviction for such offence. At the same time, however, it would not be just or equitable if such retrospective operation gave rise to any cause of action against any individual who applied the provisions relating to sodomy in these sections of the Act in good faith before the date of this order and here, too, it would be prudent to confer a discretion on a court of competent jurisdiction.
[105]Although counsel for the applicants have conducted an audit of statutory provisions in order to identify those statutes which incorporate the offence of sodomy or otherwise rely thereon they could, understandably, give no firm assurance that the statutory provisions identified in this case are the only ones falling into this category. The possibility exists that there are further statutory provisions of this nature. It is inadvisable to attempt to make an order in the abstract relating to such statutes and the extent to which the constitutional invalidity of the offence of sodomy, as applied to such statutes, should have retrospective effect. This is a matter best left to the High Courts to deal with on a
