Truro News

New responses needed on HIV non-disclosure

But not necessaril­y new law, study says

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What it takes for someone who doesn’t disclose their HIV status to be charged with a criminal offence needs to catch up to what science now knows about transmissi­on, says a federal government study published Friday to mark World AIDS Day.

But whether that ends up being the case in Canada will be largely up to the provinces, despite the federal government’s desire to reduce what it and many advocates call the over-criminaliz­ation of HIV non-disclosure.

The Justice Department study pulled together scientific evidence and the current prevalence of HIV in Canada and treatment, and stacked it up against the way the criminal justice system currently handles cases of people who don’t disclose their HIV status prior to engaging in sexual activity.

While there’s no law specifical­ly related to it in the Criminal Code, non-disclosure can lead to assault or sexual assault charges, because it’s been found to invalidate a partner’s consent – current wisdom suggests that if they knew a person had HIV, they wouldn’t consent to sexual activity because of the risk of transmissi­on.

Current science, however, suggests the risk of transmissi­on is basically negligible if those living with HIV are being treated or taking appropriat­e precaution­s, the study concluded.

“It can, therefore, no longer be assumed that a person living with HIV in Canada is at risk of transmitti­ng it.”

But the law is not being applied consistent­ly in that regard throughout the country, and the way it is being used needs to take into account a range of factors, including the scientific risks

of transmissi­on and degree of blameworth­iness.

For example, the study noted, not everyone has equal access to HIV treatment or other services to help them manage the risks.

While the study’s publica-

tion coincidenc­e with World AIDS Day, it also follows a landmark apology in the House of Commons this week for past state-sanctioned discrimina­tion against the LGBTQ community in Canada.

The milestone saw many ad-

vocates raise concerns about the current regime of criminaliz­ation the non-disclosure of HIV, noting it had been a year since Justice Minister Jody Wilson-raybould had promised to look into it and consider providing better guidance to prosecutor­s.

 ?? CP Photo ?? Minister of Health Ginette Petitpas Taylor listens to a speaker during an event marking World AIDS Day in Ottawa on Friday.
CP Photo Minister of Health Ginette Petitpas Taylor listens to a speaker during an event marking World AIDS Day in Ottawa on Friday.

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