Mr. Speaker, thank you for providing me with the opportunity to continue the debate regarding the private member's motion placed before the House by the member for Calgary Northeast. The member is demanding that all applicants for immigration to Canada be tested and screened for HIV, the AIDS virus, that all testing be regulated by the government, and that a positive result of an HIV screening be included as grounds for inadmissibility to Canada.
The member for Calgary Northeast tells us in Commons Debates of September 23, 1994 there is no need to debate his motion, that common sense should prevail and dictate the direction the government should take. The only sense revealed by the member may be common to him and his colleagues of the same ilk, but not common to those with analytical minds that seek the relationships between and among ideas, concepts, facts, events and other dynamic phenomena that assist one in a search for truth.
It is true the Immigration Act requires that visitors and immigrants meet two medically related criteria before being allowed into Canada. The first states that immigrants must not represent a danger to public health or safety. The second states that their admission must not cause excessive demands on Canada's health and social service systems.
To meet these criteria, applicants for immigration are medically examined according to a standard format used worldwide. This medical examination depends on a complete medical history, a complete physical examination, a urine test for applicants five years and older, a chest X-ray for those over 10 years old, and a syphilis blood test for those 15 years and older.
The blood test for syphilis is the only test performed for one specific disease. The X-ray, in turn, may detect a variety of possible ailments such as heart abnormalities, tumours and tuberculosis.
Although there is an attempt to consistently adhere to established procedures, variations in testing will always exist from country to country, from doctor to doctor, depending on expertise and resources available.
It must be noted that immigrants are not routinely tested for HIV. However, during the course of any routine examination the doctor may decide to order further specific tests. At times, if the initial medical assessment indicates symptoms compatible to HIV-AIDS or if the client falls within a high risk group, the doctor may proceed with an HIV test.
In the recent past, several applicants have been refused admission due to the advanced state of their disease. Most of these people were classified as inadmissible to Canada based on the excessive demand criterion and not a declaration that they were risks to public health.
HIV infection and AIDS are not contagious like diseases such as tuberculosis. AIDS and HIV can only be transmitted by specific high risk activities such as injected drug use or unsafe sexual practices, not through casual contact. Therefore, a Canadian resident who is willing to engage in high risk activity with a visitor or immigrant is as likely to engage in a similar activity with another Canadian. The risk of HIV infection comes not from the presence of foreigners but the practice of specific behaviour.
The best defence against the spread of HIV, whether from a Canadian or from a foreigner, is an educated population. It is not a surprise therefore that many organizations such as the Canadian Public Health Association, the Canadian Hemophilia Society, the Canadian Red Cross, the European Parliament, the British Medical Association, to name just a few, all support the view that visitors do not represent a danger to public health.
In January 1991 a discussion paper prepared by Employment and Immigration Canada as part of its review of medical inadmissibility criteria in the Immigration Act stated:
"At the present time Health and Welfare Canada does not consider persons with HIV-AIDS per se as a danger to public health or safety. HIV-AIDS is not considered a dangerous infectious disease, but rather a chronic disease like cancer or heart disease".
The scientific community has argued that allowing a person with HIV into Canada does not pose a threat to the health and safety of Canadians, a position endorsed by the Government of Canada.
In April 1991 the then minister of health and welfare, Perrin Beatty, announced in Vancouver: "Our expert advisory committee concluded AIDS and HIV are not a threat to public health during short term travel to Canada. I am pleased to announce that we have revised the guidelines for our medical officers. We will ensure that visitors with AIDS or HIV infection will be treated in exactly the same manner as any other visitor to Canada".
The government's position was reinforced further by the hon. Minister of Citizenship and Immigration when he stated: "It is the policy of this government that persons with HIV-AIDS do not generally represent a danger to the public. Our main concern is with respect to excessive demands on the health care system". These statements are contained in a letter addressed to the Canadian AIDS Society dated August 3, 1994.
In dealing with the second health related criterion, that of excessive demand, there will be little concern with those visiting Canada for a short period of time, no concern because they would not qualify for health service and most visitors would be carrying their own health protection plans. The excessive demand criterion would be invoked when there is a reason to believe that the applicant would require medical treatment while in Canada.
In the case of immigrants, it would be inappropriate to institute a blanket exclusion of persons with HIV. The Canadian Human Rights Commission states that comprehensive individual assessments must be the main tool for determining eligibility, and lumping individuals into groups or broad categories is discriminatory.
In assessing whether an immigrant with HIV would place excessive demand on Canada's health care and social services system many factors need to be taken into consideration. These include whether the person is ill, and the person's potential contributions to Canadian society.
We know that some people have been infected with HIV for at least 12 years and still do not show signs of illness. We do not know whether everyone with HIV will go on to develop AIDS. How can we refuse to allow a person to immigrate on the grounds that he or she might become ill? Even those who have some signs of illness can still make a significant contribution to Canadian society.
Current Canadian immigration policy focuses too much on a person's disability and fails to take into account his or her ability to contribute to society. Each case must be judged on its merits.
The hon. Minister of Citizenship and Immigration states: "It is the policy of this government that persons living with HIV-AIDS not be singled out for immigration purposes. I would like to assure you that I and the officials of citizenship and immigration will do our utmost to ensure that persons living with HIV-AIDS are treated with the same respect and concern for rights as any other visitor to Canada".
The current Immigration Act requires that persons seeking admission to Canada as visitors or as immigrants be subject to standards of admission that do not discriminate in a manner which would be prohibited by the Canadian Charter of Rights and Freedoms. Section 15 of the charter dictates: "Every individual is equal before and under the law without discrimination and in particular without discrimination based on physical disability".
Canada has traditionally taken a leadership role in recognizing human rights and extending a helping hand to those in need. I am sure the member for Calgary Northeast would be proud and so would his party members in seeing Canada continuing with these honourable, worldly aspirations.