Supporters of eliminating criminal penalties for HIV transgressions criticize Carney for his silence on the promised reform by Trudeau regarding the topic.
In Canada, HIV service organizations often face situations every few months where individuals are arrested for alleged non-disclosure, even when there is no realistic possibility of transmission. This issue, which looms large among Black women and gay men, has been a topic of concern for advocates like Habanyama.
Habanyama, a vocal advocate, has shared that multiple women with roots in the Caribbean who live with HIV have told her to preserve evidence in case a sexual partner ever accuses them of exposing them to HIV. This threat of criminalization is a constant worry.
If prosecuted under sexual assault, an individual could end up on the National Sex Offender Registry. Since 1989, more than 220 people have been charged in Canada for allegedly not disclosing their HIV status.
The current Canadian Minister of Justice, David Lametti, has given no indication of tabling any legislative initiative regarding the reform of HIV disclosure laws. His predecessor, Justin Trudeau's Liberal government, has promised to fix the issue since 2016 and issued advice to prosecutors in 2018 to prevent them from laying criminal charges when there is no realistic possibility of transmission. However, plans to table legislation on HIV disclosure reform have been frozen, citing Conservative filibustering and a logjam in Parliament.
The Department of Justice acknowledged the issue in an October 2022 notice, launching consultations for legal reforms, six years after the Liberals first pledged action on the issue. Yet, Justice Minister Sean Fraser has not agreed to meet with the coalition and has only offered a meeting with his staff members.
André Capretti, a policy analyst with the HIV Legal Network, states that there has been "mostly radio silence" since Prime Minister Mark Carney took office regarding HIV disclosure reform. The Canadian Coalition to Reform HIV Criminalization has expressed frustration due to the near-silence from the federal government on HIV disclosure reform, nearly 10 years after the Liberals pledged to do so.
Habanyama encourages Canadians to ask their politicians to do more, particularly during events like the Pride parade in Ottawa. She recalls her Catholic elementary school in Oakville, Ont. teaching her in the mid-2000s that HIV meant death and was the result of reckless sex, with no mention that people like her contracted it in the womb or from their mother's breast milk.
A 2022 study of 600 Canadian women living with HIV found one-fifth faced more verbal, physical, or sexual violence due to HIV criminalization. Only 89% of people with HIV in Canada know their status, according to 2022 data. Other countries have reformed their laws in recognition that the threat of prosecution prevents reaching global public-health targets of having 95% of people who have HIV aware of their status and on medication.
As Habanyama stresses, HIV can happen to anyone, and everyone should be in this together. It's time for Canada to reconsider its HIV disclosure laws and work towards a more inclusive and informed society.
