Canadian Coalition to Reform HIV Criminalization
Canadian Coalition to Reform HIV Criminalization (CCRHC)
Coalition canadienne pour réformer la criminalisation du VIH (CCRCV)

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The Government of Canada has broken its promise to reform the laws that criminalize people living with HIV

People living with HIV in Canada still live under the threat of ongoing criminalization; Canadian Government’s decision to abandon law reform efforts met with disappointment and anger

November 28, 2024 – Ottawa, ON — With World AIDS Day approaching on December 1, and as a 2025 federal election looms, the Government of Canada has communicated to the Canadian Coalition to Reform HIV Criminalization (CCRHC) that is has abandoned any plans for law reform surrounding HIV criminalization. People living with HIV are left in the dark, knowing only that their rights are once again being pushed aside.

A Critical Moment

This could not come at a worse time. Canada is currently at the bottom of G7 countries in terms of reducing new HIV infections. In fact, reported cases have been steadily rising in Canada since 2020, taking us farther and farther from our goals. HIV criminalization and related stigma certainly contribute to this alarming trend, placing Canada at odds with the science and global consensus on how to best reduce HIV transmission and respect the dignity and rights of people living with HIV. UNAIDS reported in a November 26th media release that “Criminalization and stigmatization of marginalized communities is obstructing access to life-saving HIV services.”

The Current Situation

Currently, people living with HIV in Canada are subject to criminal prosecutions under the laws of sexual assault, resulting in convictions, imprisonment, and registration as a sex offender, even when there is little or no risk of transmission. Medical and legal experts the world over agree that this does not align with the science of transmission and can drive people away from seeking diagnosis, treatment, and supports. In Canada, it is well documented that the harms caused by HIV criminalization are experienced in unique, disproportionate, and often insidious ways, by Black and Indigenous people.

A Call to Action

“We are tired of the lives of people living with HIV being caught up in politicking,” says Alex McClelland of the CCRHC. “Good intentions and shelved ‘action plans’ do not change the living reality of people in Canada who experience persecution because of their health condition. Law reform takes actual effort, commitment, and a willingness to do what is right and just. Unfortunately, the Government of Canada appears to be casting people living with HIV aside as part of a political calculation ahead of an election. It speaks volumes.”

A History of Broken Commitments

Members of the CCRHC have been working to reform HIV criminalization with the current federal government since it was first elected in 2015; CCRHC members were hopeful that change would soon come after the government launched nationwide consultations in December 2022. These consultations followed numerous acknowledgements by the Government of Canada that the status quo is causing harm:

  • In 2016, Canada’s Minister of Justice first acknowledged the overcriminalization of HIV non-disclosure.
  • In 2018, the Minister implemented a directive to limit charges related to HIV non-disclosure under federal jurisdiction (limited to the three territories), mandating an end to the use of the laws of sexual assault in this context. This recommendation was echoed in a 2019 report following the Government’s own study of HIV criminalization.
  • In 2022, Canada launched a federal 2SLGBTQI+ Action Plan, which promised to hold consultations on Criminal Code The consultations, announced to the world just before the 2022 International AIDS Conference, ended in January 2023. The resulting report reaffirmed that using sexual assault laws in this way is inappropriate.

At this time last year, Prime Minister Justin Trudeau reiterated that “existing non-disclosure criminal law over-criminalizes and stigmatizes people living with HIV and AIDS, discouraging them from seeking treatment and testing.”

 

In early 2023, CCRHC members met with the Minister of Justice on multiple occasions following the end of consultations and were promised concrete reform measures. To date, the Government of Canada has yet to publicly inform people living with HIV as to why the promises made to them will no longer be kept, and the path to law reform abandoned.

A Renewed Call to Action

This World AIDS Day, the CCRHC is again calling on their federal government to act in good faith, show real leadership, and take concrete action to stop the overcriminalization of people living with HIV in this country. The community has long been leading this charge, but what is now needed is the political will to enact law reform that is in keeping with human rights and scientific consensus. The Canadian Coalition to Reform HIV Criminalization remains committed to this long overdue change, and the power of community’s collective voice will not be silenced.

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The Canadian Coalition to Reform HIV Criminalization is a national coalition of people living with HIV, community organizations, lawyers, researchers, and others formed in October 2016. More information can be found here.

The 2022 Community Consensus Statement, which details the policy and law reform asks of the community following consultations, can be found here.

Media Contact:

Dylan DeMarsh

Digital and Strategic Communications Officer – HIV Legal Network
d.dmarsh@hivlegalnetwork.ca

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