Abbotsford resident Brian Carlisle, 48, was charged last year with 12 counts of aggravated sexual assault. Those charges have now been stayed.

UPDATED: Man accused of failing to disclose HIV-positive status says police launched ‘smear campaign’

Brian Carlisle of Abbotsford files human rights complaint and considers lawsuit

The Abbotsford man who was accused of having unprotected sex with multiple women and not disclosing his HIV-positive status said his personal and social life have been destroyed by the allegations.

Twelve charges of aggravated sexual assault against Brian Carlisle, 48, were dropped by Crown counsel April 26 in Abbotsford provincial court.

Carlisle said he has now filed a complaint with the B.C. Human Rights Tribunal and is consulting with lawyers on a possible civil lawsuit.

He says the charges should never have gone ahead in the first place.

That’s because, under the law, he does not have to disclose the information if there is “no realistic possibility of transmission of HIV,” according to a BC Prosecution Service policy titled “Sexual Transmission, or Realistic Possibility of Transmission, of HIV.”

Carlisle said his medical records prove that his viral load has been undetectable dating back to 2004, but police ignored the evidence.

“Viral load” is the term used to describe the amount of HIV in the blood.

“Studies show that people with an undetectable viral load do not pass HIV to their sexual partners,” states the website for CATIE (Canadian Aids Treatment Information Exchange).

CATIE was among more than 600 organizations from 75 countries that endorsed a 2016 consensus statement confirming that the risk of HIV transmission from someone whose viral load is undetectable, due to effective antiretroviral therapy, is “negligible to non-existent,” further defining “negligible” to mean “not worth considering.”

But Carlisle says police rushed to judgment based on outdated and uneducated views about HIV.

“They’re so full of the stigma of the 1980s AIDS scare that they’re not even open to the possibility of ‘undetectable,’ ” he said.

Police initially reported in August 2017 that Carlisle was facing three charges, but Mission RCMP reported the following month that nine charges had been added after several more complainants came forward.

The alleged offences occurred in Abbotsford (three counts), Surrey (three), Maple Ridge (three), Mission (one), Deroche (one), and Burnaby/Coquitlam (one).

Carlisle said he spent three days in jail following the first set of charges and then a month after the second set.

He said investigators were immediately presented with his medical records. The same records were produced two more times through the court process before the charges were dropped last week, he said.

Dan McLaughlin, spokesman with the BC Prosecution Service (BCPS), said the charges were stayed because “the charge approval standard could no longer be met” and there was not a strong likelihood of conviction.

“In this case, the prosecutor concluded that the evidentiary test was no longer met and directed the stay of proceedings,” he said.

McLaughlin also referenced the “Sexual Transmission” policy in the decision being reached.

The policy states that a “realistic possibility” of the transmission of HIV is negated if “the accused’s viral load at the time of sexual relations was low.”

Carlisle describes the investigation and subsequent charges as a “smear campaign” by police, and says their “fear-mongering mentality” and their publicizing of the case has made it difficult for him to find and keep work and to maintain a social life.

He describes an incident in which a woman recognized him in public and began yelling at him.

“They believe I really did infect women,” he says of the public perception of him.

His grown daughter, Katherine, said because she shares the same last name as her dad, she has also been subjected to harassment and vitriol.

Carlisle said he hopes that more people become educated about modern HIV treatment and outcomes, and that he can move past this period.

“I would be happy to move forward with my life … but people won’t let me move forward,” he said.

Carlisle is a prominent marijuana activist and would-be politician in the Fraser Valley, including a bid for mayor of Chilliwack in 2002.

He told community news reporters as long ago as October 2002, in relation to his marijuana use, that he had seven debilitating conditions, including being HIV-positive, something that was mentioned in multiple subsequent stories.

Just Posted

VIDEO: Bowen Byram named top prospect

Giants defenceman recognized as premier NHL draft pick

Langley golfer James Allenby takes Canada Life Open lead

Shot career-low round at Point Grey Golf & Country Club

Langley Thunder kick off 2019 season with high hopes

Home opener set for Wednesday, May 29 against the Burnaby Lakers.

Langley Home Expo shows off home and yard improvements

The annual event is being held in Brookswood at the George Preston Rec Centre

Winner announced in Langley Total Makeover Contest

Cheri McBride thanked friends and family for supporting her

Police release photos of suspect in daytime sex assault at Vancouver woman’s home

A young woman, in hers 20s, was followed home by the man, before he violently attacked her inside

Raptors beat Bucks 100-94 to advance to franchise’s first-ever NBA Finals

Leonard has 27 points, 17 boards to lead Toronto past Milwaukee

Third person charged in death of B.C. teen Bhavkiran Dhesi

Inderdeep Kaur Deo facing charge of accessory after the fact to murder

Kamloops girl, 9, recovering from carbon monoxide poisoning now out of ICU

Her mother who was sleeping in the same tent with her did not survive

UPDATE: Surrey RCMP say boy, 11, missing for two days found safe

Dominic Mattie was last seen at 5 p.m. in the 13500-block of Gateway Drive in Surrey

‘I think he’s still alive’: B.C. mom pleads for help finding son last seen a month ago

Family offering $5,000 reward for information leading to the safe return of Tim Delahaye

New poll suggests one-third don’t want politicians to wear religious symbols

Local politicians shouldn’t be allowed to wear hijabs, crucifixes or turbans on the job, survey suggests

Raptors fans far from home adjust plans to watch pivotal playoff game

Raptors currently lead the playoff series 3-2, and a win Saturday would vault them into NBA finals

Most Read