QUESTION PERIOD — Ministry of Justice
Decriminalization of HIV Non-Disclosure
May 28, 2026
Welcome to the Senate, minister.
As you know, the Government of Manitoba recently declared a public health emergency related to HIV. Our colleague in this chamber, Senator K. Wells of Alberta, also issued an apt reminder that Canada has among the harshest laws in the world criminalizing HIV non-disclosure. A number of public health experts and community organizations are sounding an alarm that this overcriminalization is seriously undermining prevention efforts. Instead of offering protection, it deters vulnerable individuals from getting screened and fuels a form of systemic stigma that is weakening our communities.
Minister, you know that a decent justice system adapts to the scientific and human realities of the times. When does your government intend to finally modernize the Criminal Code in order to harmonize our legislative framework with the science and put a stop to this unjust criminalization?
Thank you for the question, Senator Cormier.
Following my last appearance before this chamber, and in light of your questions and a few conversations I had with other people who work in Parliament, I have considered various options that the government could explore to address your concern. In my view, it is essential that politicians take into account the most recent science.
In these circumstances, we must first keep our election promises. However, having introduced a number of bills, I believe I am now in a position to consider other initiatives to propose to the government. I don’t have a date yet, but I believe we will have the opportunity to advance this discussion very soon.
I can’t make a firm commitment to you. This has not been adopted as a policy of the government of the day, but I have personally taken it upon myself to look into the set of circumstances around the use of protection and the viral load that backs the science to understand how we can ensure Canadians continue to benefit from protections while treating people fairly and equitably.
I expect this will be the subject of many conversations in the months ahead, but know that I am interested in continuing conversations with you and Senator Wells, among other interested parliamentarians.
Thank you, minister.
With all due respect, the government has been considering this issue for quite some time.
As you know, the Public Health Agency of Canada officially recognizes the scientific principle known as “Undetectable = Untransmittable.” It is a fact that an undetectable viral load makes HIV transmission impossible. Even so, the Criminal Code continues to severely punish people even when there has been no transmission or intent to harm.
Minister, how do you justify this glaring inconsistency between public health policy and criminal law?
Thank you for the question.
I understand the inconsistency. You will appreciate that, over the course of the few past years, I have discovered and come to understand many inconsistencies that exist in Canada’s laws that remain on the books today.
We have an opportunity to advance good laws that respect science and allow people to live equally and freely in this country.
That said, I also know that, as a member of a government that has made a series of very specific commitments to Canadians during a recent federal election campaign, there is a to-do list that has subsumed the government’s attention, certainly in the first year after the last election.
I do expect, as we complete some of the tasks we have committed to, there will be opportunities to take on new initiatives, and should this remain a priority for you and others —
Thank you, minister.
