Commons committee wants to curb criminal prosecutions of HIV non-disclosure

OTTAWA — A House of Commons committee is calling for new legislation that would strictly limit the use of criminal law to prosecute people for not telling a sex partner they are HIV-positive.

The committee report tabled today says the current Canadian approach to HIV non-disclosure is overly broad and punitive, and does not reflect the latest science.

It recommends a new Criminal Code offence that would apply to non-disclosure of an infectious disease, including HIV, only when there is actual transmission to another person.

Given the time that would take, the MPs are urging Justice Minister David Lametti to work immediately with the provinces to come up with a cross-country prosecutorial directive in the meantime.

They say the directive should end criminal prosecutions of HIV non-disclosure, except in cases where there is transmission, and ensure any prosecutions take into account the latest medical evidence.

During four spring meetings, the committee heard from scientists, researchers, legal and public health experts, and people living with HIV.

The Canadian Press