The Government of Canada is committed to ensuring that our criminal justice system keeps communities safe, supports victims, and holds offenders to account, while respecting Charter rights.
As promised during the International AIDS conference in July, the Honourable David Lametti, Minister of Justice and Attorney General of Canada, today announced the launch of a public consultation on reforming the criminal law regarding HIV non-disclosure.
"HIV non-disclosure" refers to criminal cases where a person living with HIV, who is aware of their status and knows they are infectious, does not disclose their HIV status before sexual activity that poses a realistic possibility of transmission. The consultation will seek input from stakeholders, persons with lived experiences, and the public on possible criminal law reforms related to HIV non-disclosure. Participants are invited to share their views until November 20, 2022.
Right now, persons living with HIV who do not disclose their status prior to otherwise consensual sexual activity can be charged with different offences. This includes aggravated sexual assault, which is the most serious sexual assault offence in the Criminal Code. This is because, in certain circumstances, the non-disclosure of one's HIV status can invalidate another person's consent to engage in sexual activity. However, criminalization can lead to the stigmatization of people living with HIV, which can often discourage individuals from being tested or seeking treatment.
There has been considerable progress in terms of HIV treatment and scientific evidence on rates of transmissibility. For these reasons, holding consultations is key to creating a path forward that follows science and protects victims while reducing the stigma of those living with HIV.
This consultation is one of the commitments made by the federal government in Canada's first Federal 2SLGBTQI+ Action Plan, launched in August. Reforming the criminal law regarding HIV non-disclosure is an essential step in ensuring that Canadian justice policy advances the dignity and equality of 2SLGBTQI+ people.
