As a result of their deliberations committees may make recommendations which they include in their reports for the consideration of the House of Commons or the Government. Recommendations related to this study are listed below.

Recommendation 1

That the Government of Canada:

• create a specific offence in the Criminal Code related to the non‑disclosure of an infectious disease (including HIV) when there is actual transmission, and that prosecutions related to such transmission only be dealt under that offence;
• draft the contemplated legislation in consultation with all relevant stakeholders, including the HIV/AIDS community, to circumscribe the use of criminal law to deal with HIV non-disclosure and make sure HIV is treated as a public health issue like any other infectious disease. This process should also determine the appropriate mental element (mens rea) for the new offence.

Recommendation 2

That the Minister of Justice and Attorney General of Canada immediately establish a federal-provincial working group to develop a common prosecutorial directive to be in effect across Canada

• to end criminal prosecutions of HIV non-disclosure, except in cases where there is actual transmission of the virus;
• to ensure that the factors to be respected for criminal prosecutions of HIV non-disclosure reflect the most recent medical science regarding HIV and its modes of transmission and only applies when there is actual transmission having regard to the realistic possibility of transmission. At this point of time, HIV non-disclosure should never be prosecuted if (1) the infected individual has an undetectable viral load (less than 200 copies per millilitre of blood); (2) condoms are used; (3) the infected individual’s partner is on PrEP or (4) the type of sexual act (such as oral sex) is one where there is a negligible risk of transmission.

Recommendation 3

That the Minister of Justice and Attorney General of Canada immediately establish a mechanism to review the cases of all individuals who have been convicted for not disclosing their HIV status and who would not have been prosecuted under the new standards set out in the recommendations of the Committee.  The review mechanism should also encompass the cases of individuals who have been prosecuted, but not convicted.

Recommendation 4

To achieve our public health objectives regarding HIV, that the Government of Canada, in partnership with the provinces and territories, work to make anonymous testing easily accessible and enhance access to different forms of testing, such as self-testing and on-the-spot testing, across the country.