Yes.
I'm not sure that the Justice Canada report says that the majority of those cases involved those kinds of factors. Certainly, that would not be the case based on the data we have in our database. I would also underscore that this is why it's really important that our application of the criminal law be informed by the science.
As a general principle, we ought not to be using the criminal law except as a measure of last resort and except in those cases where there is serious harm or serious risk of harm to people. Keep in mind that criminalization has been deployed in many of those cases where there has been one single act or a statistically insignificant likelihood of HIV transmission. This is why I urge you to have a look at the expert consensus statement about the possibility of HIV transmission in various circumstances.
It's also important, I think, for us to draw a distinction between conduct that we may, in some circumstances, consider to be ethically objectionable and what we should be using the criminal law to deal with, especially when we're using one of the harshest tools in the criminal law with some of the most serious consequences. We ought not to be cracking a nut with a sledgehammer; and in some cases that's what we're doing in a good number of cases where there has been no harm, no intent to harm and no statistically significant risk of harm. In those circumstances, I suggest, going to the law of sexual assault is not a particularly helpful or warranted response.
I think it's also important to underscore that advocates who have been working on this issue have not said there should never be any application of the criminal law. I think you've heard consistently from everyone so far today, and it's the consistent recommendation of UN agencies and others that in those circumstances where there is actual, intentional transmission of HIV, then there is potentially a role for the criminal law to play. In Canada, at the moment, the scope of the law is much vaster than that narrower circumstance.