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.

living with hivcriminalsexual assaulttreatmentsouth asiancommunity consensus statementsex with menundetectable viral loadhivaids legal network

On the agenda

MPs speaking

Also speaking

Fanta Ongoiba  Executive Director, Africans in Partnership Against AIDS
Haran Vijayanathan  Executive Director, Alliance for South Asian AIDS Prevention
Eric Mykhalovskiy  Professor, York University, As an Individual
Duane Morrisseau-Beck  President and Chair, Ontario Aboriginal HIV/AIDS Strategy
Jennifer Klinck  Chair, Legal Issues Committee, Egale Canada Human Rights Trust
Shannon Ryan  Executive Director, Black Coalition for AIDS Prevention
Kate Salters  Research Scientist, British Columbia Centre for Excellence in HIV/AIDS

10:20 a.m.

Chair, Legal Issues Committee, Egale Canada Human Rights Trust

As spoken

Randy Boissonnault Liberal Edmonton Centre, AB

Mr. Ryan you've already said so, correct?

As spoken

10:20 a.m.

Executive Director, Black Coalition for AIDS Prevention

As spoken

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?

As spoken

10:20 a.m.

Chair, Legal Issues Committee, Egale Canada Human Rights Trust

As spoken

Randy Boissonnault Liberal Edmonton Centre, AB

Mr. Ryan.

As spoken

10:20 a.m.

Executive Director, Black Coalition for AIDS Prevention

Shannon Ryan

Absolutely, and I'd add to that. It would increase rates of testing, but it would also increase access to treatments.

As spoken

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?

As spoken

10:20 a.m.

Executive Director, Black Coalition for AIDS Prevention

Shannon Ryan

Yes, absolutely.

As spoken

Randy Boissonnault Liberal Edmonton Centre, AB

Ms. Klinck, do you think that's the case?

As spoken

10:20 a.m.

Chair, Legal Issues Committee, Egale Canada Human Rights Trust

Jennifer Klinck

Yes, criminalization and stigma do not help access to treatment.

As spoken

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?

As spoken

10:20 a.m.

Chair, Legal Issues Committee, Egale Canada Human Rights Trust

As spoken

Randy Boissonnault Liberal Edmonton Centre, AB

Would that help us get beyond 90-90-90 to 100-100-100, Mr. Ryan?

As spoken

10:20 a.m.

Executive Director, Black Coalition for AIDS Prevention

Shannon Ryan

Ideally, yes, if there are a number of important components in place, including universal access to treatment and a number of other things.

As spoken

Randy Boissonnault Liberal Edmonton Centre, AB

Thank you.

Ms. Klinck.

As spoken

10:20 a.m.

Chair, Legal Issues Committee, Egale Canada Human Rights Trust

Jennifer Klinck

Would it help?

As spoken

Randy Boissonnault Liberal Edmonton Centre, AB

Would it help us to get to higher numbers?

As spoken

10:20 a.m.

Chair, Legal Issues Committee, Egale Canada Human Rights Trust

As spoken

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?

As spoken

10:20 a.m.

Chair, Legal Issues Committee, Egale Canada Human Rights Trust

As spoken

Randy Boissonnault Liberal Edmonton Centre, AB

Mr. Ryan.

As spoken

May 14th, 2019 / 10:20 a.m.

Executive Director, Black Coalition for AIDS Prevention

Shannon Ryan

Absolutely.

As spoken

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.

As spoken

10:20 a.m.

Executive Director, Black Coalition for AIDS Prevention

As spoken