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New responses needed on HIV non-disclosure, but not necessarily new law: study

OTTAWA — A government study on how the criminal justice system deals with people who don't disclose their HIV status says existing laws aren't being applied consistently.
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OTTAWA — A government study on how the criminal justice system deals with people who don't disclose their HIV status says existing laws aren't being applied consistently.

But the Justice Department review concludes changing the law itself isn't necessarily the best approach and that there are other ways to deal with the issue.

The study comes after Justice Minister Jody Wilson-Raybould raised concerns last year about the over-criminalization of HIV non-disclosure, suggesting she was open to reviewing of existing charging practices and developing prosecutorial guidelines.

A landmark apology in the House of Commons this week for past state-sanctioned discrimination against the LGBTQ community in Canada saw many advocates raise concerns that Wilson-Raybould had yet to make any progress on her promise.

The Canadian Coalition to Reform HIV Criminalization wants the Liberals to go beyond prosecutorial guidelines and reform the Criminal Code.

But the study released today says while criminal law reform could result in greater legal certainty, it could also require enacting HIV-specific provisions which could in turn increase the stigma experienced by people living with HIV.

The study was published as the Liberals announced $36.4 million in projects designed to address AIDS to mark World AIDS day.

Health Minister Ginette Petitpas Taylor says $26.4 million has been earmarked for 84 projects for up to five years, focusing on preventing HIV, hepatitis C and other sexually transmitted and blood-borne infections.

She also announced $10 million for research teams to investigate HIV programs in diverse communities, including a project focused on expanding on-reserve HIV testing.

The Canadian Press

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