Bill C-406
If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.
|
|
SUMMARY |
|
|
|
This enactment is directed to reducing the spread of sexually
transmitted diseases in cases of sexual assaults and within prisons. It
creates two new offences by a person infected with HIV or has AIDS
who commits wilful or reckless acts that may infect another.
|
|
|
|
If the act results in infection by HIV, the offence is criminal infection
punishable by imprisonment for up to twenty-five years and, if infection
is not proven, the offence is reckless infective behaviour punishable by
imprisonment for up to seven years.
|
|
|
|
Consent is a defence if it is a prior, informed consent, given
explicitly, after prior discussion of the act to be committed and the
precautions to be taken.
|
|
|
|
It also amends the Criminal Code to ensure that persons convicted
of offences in which HIV or AIDS could have been transferred to
another must be tested for HIV and AIDS. If the circumstances so
warrant, a person may be tested on being charged and before
conviction. The results will be given to victims and others who might
be affected.
|
|
|
|
The Corrections and Conditional Release Act is amended to provide
for the regular testing of inmates in federal penitentiaries for HIV, AIDS
and other sexually transmitted diseases and the results to be given to
those who might be affected. Inmates may not refuse such tests. Those
who are infected are to be kept separately from those not infected.
Counselling is to be provided. Treatment must be offered and may be
given without consent if it is necessary to protect staff and other inmates.
The need for such action is reflected in a change in the basic principles
enunciated in the Act.
|
|
|
|
The enactment also requires applicants for immigrant or refugee
status and applicants for Minister's permits to be tested for sexually
transmitted diseases before their application is determined and provides
for treatment and health reports as a condition of the grant of the
application.
|
|