Review of Canada’s Compliance with the Convention on the Rights of Persons with Disabilities

“The Canadian HIV/AIDS Legal Network submits this briefing to the United Nations Committee on the Rights of Persons with Disabilities in advance of its review of the periodic report of Canada, held during its 17th session from 20 March to 12 April 2017.

“In this submission, the Legal Network sets out some selected concerns about the implementation of the Convention on the Rights of Persons with Disabilities [CRPD] by Canada, including with respect to the following ongoing manifestations of discrimination based on the disabilities of HIV and drug dependence:

(i) the overly broad application of the criminal law to cases of HIV non-disclosure, which operates in particularly gendered ways against women living with HIV

(ii) the discriminatory incarceration of persons with drug dependence and denial of harm reduction services in prisons for persons with drug dependence in prisons

(iii) the inability of persons living with HIV to be granted permanent or temporary residency in Canada on the basis of their HIV status