OTTAWA - HIV activists are expressing growing frustration over the lack of action from the federal government regarding the reform of laws related to HIV disclosure. Nearly ten years have passed since the Liberal government promised to address these issues. "We're coming up on a decade," said Muluba Habanyama, head of the Canadian Coalition to Reform HIV Criminalization. "There definitely has been some exhaustion."

In Canada, individuals living with HIV can face prosecution for not disclosing their status to sexual partners, even if they are on medication that the Public Health Agency of Canada states makes HIV "untransmittable." Since 1989, over 220 people have been charged for failing to disclose their HIV status, according to the HIV Legal Network. The Liberal government has been promising reforms since 2016 and issued guidance to prosecutors in 2018 aimed at preventing charges when there is no realistic possibility of transmission.

Despite these efforts, HIV service organizations report ongoing arrests. Habanyama noted that individuals can still be charged based on claims from ex-partners, which can lead to severe consequences, including being placed on the National Sex Offender Registry. "We are demonized," said Habanyama, who has lived with HIV since birth. She has witnessed significant advancements in medical science but feels the legal framework has not kept pace. "I've literally grown up with the science, but then seeing the law be exactly the same," she said.

The stigma surrounding HIV is compounded by the fear of criminal charges, which can deter individuals from getting tested. "People are like, 'well, I don't know my status; I can't get charged,'" Habanyama explained. "If they don't have a record of you getting tested, you can't prove that you knew."

In October 2022, the Department of Justice acknowledged the need for reform and initiated consultations. The department noted that criminalization can lead to stigmatization, discouraging individuals from seeking testing or treatment. Other countries have made legal changes to address similar issues, recognizing that the threat of prosecution hampers public health goals. Currently, only 89 percent of Canadians living with HIV are aware of their status.

A 2022 study involving 600 Canadian women living with HIV revealed that one-fifth experienced increased violence due to HIV criminalization. Habanyama emphasized the impact of these laws, stating, "This is really affecting the lives of people living with HIV, and stops them from taking care of themselves."

While the Liberals have committed to introducing legislation, plans were stalled last fall due to Conservative filibustering. The government subsequently prorogued Parliament and entered an election cycle, followed by a brief spring session. Prime Minister Mark Carney's administration has not indicated when or if it will advance legislation on this issue. Justice Minister Sean Fraser has not been available for interviews and has declined to meet with the coalition, opting instead for a meeting with staff members.

André Capretti, a policy analyst with the HIV Legal Network, noted that there has been "mostly radio silence" since Carney took office. He expressed concern over inconsistent enforcement of the 2018 guidance across provinces, with some ignoring it entirely. "We still know of cases in the past year of prosecutions having been initiated against people living with HIV for non-disclosure," Capretti said.

Habanyama called for a reevaluation of how Canada legislates and perceives HIV. She recalled being taught in school that HIV was synonymous with death and recklessness, with no acknowledgment of how some individuals contract the virus. "I was raised to understand this is a shameful secret that we can't tell anybody, that this is a really bad thing."

The threat of criminalization particularly affects marginalized groups, including Black women and gay men. Habanyama shared that some women have advised her to keep evidence, such as a partner's DNA, to protect herself against false accusations. "These groups of women were telling me that when I have sex, I should put the man's condom in the freezer so that I have proof if the police ever come, that we used protection."

She urged Canadians to demand more from their politicians, especially during events like the upcoming Pride parade in Ottawa. "HIV can happen to anybody," Habanyama said. "We are all supposed to be in this together."