Yes.
Evidence of meeting #149 for Justice and Human Rights in the 42nd Parliament, 1st session. (The original version is on Parliament’s site, as are the minutes.) The winning word was criminal.
A recording is available from Parliament.
Evidence of meeting #149 for Justice and Human Rights in the 42nd Parliament, 1st session. (The original version is on Parliament’s site, as are the minutes.) The winning word was criminal.
A recording is available from Parliament.
Chair, Legal Issues Committee, Egale Canada Human Rights Trust
Yes.
Liberal
Liberal
Randy Boissonnault Liberal Edmonton Centre, AB
Ms. Klinck, do you believe that, if the over-criminalization of HIV status were taken out of the Criminal Code, more people would seek their status, more people would be tested?
Chair, Legal Issues Committee, Egale Canada Human Rights Trust
Yes.
Executive Director, Black Coalition for AIDS Prevention
Absolutely, and I'd add to that. It would increase rates of testing, but it would also increase access to treatments.
Liberal
Randy Boissonnault Liberal Edmonton Centre, AB
That was my next question.
Do you think that if more people knew their testing and their HIV-positive status, more people would get treated in Canada?
Executive Director, Black Coalition for AIDS Prevention
Yes, absolutely.
Liberal
Chair, Legal Issues Committee, Egale Canada Human Rights Trust
Yes, criminalization and stigma do not help access to treatment.
Liberal
Randy Boissonnault Liberal Edmonton Centre, AB
Let's be very clear for the record. If more people knew their HIV status, would more people get treatment in this country?
Chair, Legal Issues Committee, Egale Canada Human Rights Trust
Yes.
Liberal
Randy Boissonnault Liberal Edmonton Centre, AB
Would that help us get beyond 90-90-90 to 100-100-100, Mr. Ryan?
Executive Director, Black Coalition for AIDS Prevention
Ideally, yes, if there are a number of important components in place, including universal access to treatment and a number of other things.
Chair, Legal Issues Committee, Egale Canada Human Rights Trust
Would it help?
Liberal
Chair, Legal Issues Committee, Egale Canada Human Rights Trust
Yes.
Liberal
Randy Boissonnault Liberal Edmonton Centre, AB
Yes. I'm not saying it's a panacea. Great.
Let me ask this question. Do you think that non-disclosure of HIV status should no longer be considered a sexual assault in the Criminal Code?
Chair, Legal Issues Committee, Egale Canada Human Rights Trust
Yes.
Executive Director, Black Coalition for AIDS Prevention
Absolutely.
Liberal
Randy Boissonnault Liberal Edmonton Centre, AB
It should no longer be.... Thank you.
I'm going to test four thoughts with you.
Based on the science we have now, at this point in time, would you agree that nobody should be prosecuted if the following conditions apply: that they had an undetectable viral load; that a condom was used; that the infected partner is on PrEP or a similar preventive medicine; and finally, that the type of sexual act, like oral sex, is one where there is a negligible risk of transmission? Would those be conditions under which people should not be prosecuted?
Mr. Ryan.