Justice committee  I think whether a pattern of reckless behaviour is interpreted as intention is a legal question. What the appropriate use of the criminal law would be in that circumstance is a question that should be discussed. I don't think the argument is that there's no role for the criminal

Justice committee  I can't answer that question because I don't know what the legal repercussions are of using the definition of “recklessness” in the law. You had lawyers here all week.

Justice committee  Well, then, I'm not sure that I can add much to it. When you get into that, you're asking me a question about.... I don't know what the definition of “recklessness” in law is, and what it opens the door to in terms of how it could be used in an expansive way. What we've seen in t

Justice committee  In answer to your question, there are a number of cases where people have been subject to criminal prosecutions and have been convicted when their viral load has been low and undetectable. My understanding from reading—

Justice committee  Yes.

Justice committee  I don't think that's a question that can be answered because that's not the standard that has been used to convict people.

Justice committee  Certainly, and as my colleague has indicated, people living with HIV in general take great care to ensure the safety and health of their sex partners.

Justice committee  The media reporting of criminal cases certainly contributes to this type of public perception. A few years ago, I had an opportunity to read all of the newspaper stories that we could accumulate about HIV non-disclosure criminal cases, from the very beginning to around 2016. It w

Justice committee  In answer to the question, I would say that media does do that. It is particularly the case that the media has focused on a small number of cases—actually four cases—involving African Caribbean black male defendants. I think about 60% of the coverage focuses only on those cases.

Justice committee  I think the argument is not that criminal law should have no role in HIV non-disclosure but that it should be restricted to the most blameworthy of circumstances, which involve intentional and actual transmission. It needs to be guided by the best science we have available about

Justice committee  I can't answer that in a...since I'm not a lawyer; let's be clear about that. That's a question that is probably best answered by a legal scholar or legal counsel. The position I would take is more as a sociologist in terms of looking at patterns and trends. When we do that, we

Justice committee  In the HIV/AIDS Legal Network in Ontario, there have been 10 cases since Mabior where people faced criminal charges. Some were prosecuted when their viral load was undetectable and they had no risk of transmission.

Justice committee  No, it does not have its own directive. It has a policy statement that was made by the attorney general. The federal directive applies only to the territories. It doesn't apply to the jurisdictions.

Justice committee  Good morning, and thank you for the opportunity to appear before you today on this important issue. In 2010, I was lead author on the first policy options report on HIV criminalization in Ontario, which addressed concerns that continue to be central to broader discussions about