The Commission is troubled to hear that Citizenship and Immigration Canada is considering mandatory screening of immigrants for the Human Immunodeficiency Virus (HIV). The Commission understands that the government must consider threats to public health and potential burdens on the health care system as part of the immigration process. However, such considerations must be balanced against Canada's commitment to fundamental human rights and non-discrimination.

The Commission is not convinced that mandatory HIV testing is necessary to ensure the health and safety of Canadians. Nor does it believe that the acceptance of HIV+ immigrants would necessarily impose an undue burden on the health care system. To cite just one expert opinion, the United Nations, in reference to its international guidelines on HIV/AIDS and Human Rights, states that "any restrictions [on liberty of movement or choice of residence] based on suspected or real HIV-status alone, including HIV-screening of international travellers, are discriminatory and cannot be justified by public health concerns."

The Commission has long argued that decisions on medical inadmissibility should be based on expert assessment of individuals and should take into account medical, social and humanitarian considerations. Given wide variations in the pace at which a person progresses from being HIV+ to having AIDS, people should not be excluded as a group based on stereotypical presumptions about what their health may be in five to ten years.

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