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In Canada, people living with HIV who don't disclose their status before sexual activity that could transmit the virus can face criminal charges, primarily under the umbrella of aggravated sexual assault. This stems from the concept that not disclosing HIV status can invalidate consent in certain situations. While there aren't specific HIV-related criminal offenses, existing laws like aggravated sexual assault are applied.ⁱ, ⁱⁱThis criminalization is a source of concern due to potential stigma, discouraging testing and treatment, and disproportionately affecting certain groups, such as Black people, Indigenous women, and gay/bisexual men.

In 2020, 92 countries reported to the Joint United Nations Programme on HIV/AIDS (UNAIDS) that they criminalized HIV non-disclosure, exposure and transmission through either HIV, STI or infectious disease-specific offences or offences of general application.ⁱⁱⁱ

“At the International AIDS Conference held in Montreal in 2022, the Government of Canada announced its intention to launch public consultations on law reform, ostensibly to end the harms of the criminalization of HIV non-disclosure in this country. This is a decades-long issue in Canada, a country long known as a global “hot spot” for HIV criminalization….Those federal consultations ended in January 2023. But, to date, no bill has been introduced in Parliament to stop criminalization and end the harms endured by people living with HIV. The Government of Canada’s unacceptably slow pace in adopting meaningful law reform” is in full view for all to see. ^iv

Key Points:

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No HIV-specific laws:

Canada doesn't have specific criminal offenses related to HIV non-disclosure. Instead, existing laws, like aggravated sexual assault, are used.

Aggravated Sexual Assault:

This is the most common charge, carrying significant penalties, including jail time and potential registration as a sex offender.   Aggravated sexual assault is the crime of sexual assault that also involves the wounding, maiming, disfiguring or the endangering of the life of the complainant. This offence is punishable by a maximum sentence of life in prison. As you can see, aggravated sexual assault is a very serious crime.^v

Disproportionate impact:

Research indicates that criminalization disproportionately affects certain communities.

Stigma and prevention:

Criminalization can discourage testing and treatment, leading to increased stigma around HIV.

Calls for reform:

Advocacy groups and legal experts have called for reform to narrow the scope of criminalization, focusing on cases with intentional transmission.

Ongoing Concerns:

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Scientific evidence:

Criminalization doesn't always align with scientific evidence about transmission risks. 

Overbroad application:

Some argue that current laws criminalize behaviors with low or negligible risk of transmission. 

Impact on women:

Women living with HIV face unique challenges, including potential violence and loss of relationships when disclosing their status. 

Government response:

While the government has consulted on potential reforms, the process has been slow, and some argue that commitments have been broken. 

Need Assistance or take action? 

If you have been targeted legally for HIV nondisclosure please contact Moyo to meet with a member of our support team who will work with you to seek legal counsel.  

You can also sign on as an individual and  endorse  2022 Consensus Statement  from the Canadian Coalition to Reform HIV Criminalization (CCRHC).  This statement sends a powerful message to politicians: policy must be rooted in human rights and social justice. See https://www.hivcriminalization.ca/take-action-as-an-individual/  which you can then send a letter to government officials demanding the end of discriminatory and unscientific laws that criminalize people living with HIV. Please sign on today!