HIV activists in Ottawa express growing frustration over the lack of action from the Canadian federal government concerning reforms on HIV disclosure laws, nearly a decade after the Liberal Party pledged to make changes. Muluba Habanyama, the head of the Canadian Coalition to Reform HIV Criminalization, highlights a sense of exhaustion in the community, noting, “We’re coming up on a decade.”
Under current Canadian law, individuals living with HIV face prosecution for failing to disclose their status to sexual partners, even if they are on medication that the Public Health Agency of Canada has deemed renders the virus “untransmittable.” The HIV Legal Network reports that more than 220 people have been charged in Canada for non-disclosure since 1989. Despite promises from the Liberals to address the issue since 2016 and the release of guidelines to limit criminal charges related to HIV non-disclosure in 2018, recent reports indicate that the situation remains dire.
HIV service organizations affiliated with Habanyama's coalition continue to witness instances of individuals being arrested due to alleged non-disclosure. This results in severe consequences, including a prosecution labeled as sexual assault that may place individuals on the National Sex Offender Registry. Habanyama, who has lived with HIV since birth, emphasizes the long-standing gap between medical advancements in HIV treatment and outdated laws. She states, “I’ve literally grown up with the science, but then seeing the law be exactly the same.”
The repercussions of such legal stances extend beyond direct prosecutions; they deter many from getting tested for HIV. A growing number of individuals choose to remain unaware of their status to avoid potential legal consequences. “People are like ‘well, I don’t know my status; I can’t get charged ’,” observes Habanyama. The Canadian government's acknowledgment of the criminalization issue came as late as October 2022, when it sought public input for legal reforms, six years after its initial commitment to address the matter. The Department of Justice recognized that “criminalization can lead to the stigmatization of people living with HIV,” which ultimately discourages individuals from seeking testing or treatment.
Globally, many countries have already modified their laws regarding HIV disclosure, understanding that the fear of prosecution undermines efforts to meet public health goals. Current statistics indicate that only 89 percent of Canadians living with HIV are aware of their status, which falls short of international targets. A 2022 study identified that 20 percent of 600 Canadian women living with HIV experienced increased violence due to the stigma surrounding HIV criminalization, illustrating the profound societal impact these laws have.
Although the Liberals have committed to proposing new legislation, recent parliamentary delays have frozen these plans. Prime Minister Mark Carney's government has not provided clear signals regarding the introduction of necessary legislative changes. Repeated requests for interviews with Justice Minister Sean Fraser have gone unanswered, leading activists to feel a deep level of frustration over the prolonged silence on this critical issue.
André Capretti, a policy analyst with the HIV Legal Network, described the situation as “mostly radio silence” since the new Prime Minister took office, although he remains hopeful that the government is working on internal matters during the summer break. The lack of uniform enforcement of existing guidelines has also led to inconsistencies across provinces, with some ignoring the federal recommendations that are only obligatory in the territories.
Habanyama argues for a significant reevaluation of how Canada envisions and legislates HIV issues. She recounts a personal history rife with stigma, noting that during her school days, the education surrounding HIV presented a one-dimensional narrative focused on blame. “I was raised (to understand) this is a shameful secret that we can’t tell anybody,” she reflects. The impact of stigma is particularly pronounced among marginalized groups, with many individuals feeling compelled to collect evidence to protect themselves from false accusations of HIV exposure.
In conclusion, the enduring criminalization of HIV non-disclosure impacts individuals' lives, discouraging them from caring for their health and perpetuating harmful societal stigmas. As reliance on outdated laws clashes with modern medical advancements, there is an urgent need for change in Canadian legislation and public perception surrounding HIV.
