In the current landscape, Ontario is, to my knowledge, the only province that has adopted part of the federal directive addressing the U = U Consensus Statement. That is far from optimal. Clearly, the OAN's position is consistent with that of many stakeholders, who maintain that individuals travelling to different parts of the country would be subject to different directives.
If I understand correctly, under the current circumstances, someone living with HIV who uses a condom with a partner receiving preventive treatment, or pre-exposure prophylaxis, would be at risk of prosecution because of the inconsistencies in the various directives. The same is true of the federal directive, which lacks clarity and does not totally rule out the possibility of prosecution in a similar scenario.
In 1967, while justice minister, Pierre Elliott Trudeau proclaimed that there was no place for the state in the bedrooms of the nation, and that statement still holds true as regards our discussion today. Any involvement of the criminal justice system should be limited to cases involving intentional or actual transmission of HIV. The justice system should not penalize an individual for failing to disclose their HIV status under the pretext that they are committing fraud.
In terms of the best way to address non-disclosure of HIV status, I would point to the fact that all UN member states pledged to promote a social and legal environment supportive of and safe for voluntary disclosure of HIV status, further to the 2006 Political Declaration on HIV/AIDS. Canada has yet to follow through on that pledge. The current context of criminalization does not encourage HIV-positive people to come forward publicly and thus become role models. Nor does it protect individuals when disclosing privately. Under the current circumstances, people may enter into a loving relationship from a place of mistrust, which is absurd.
With the tremendous strides made on the treatment front, stigmatization and criminalization are now the biggest issues of concern, according to any group of people living with HIV—or PLWHAs—in any context. Criminalization is an integral part of the stigma we continue to face. The OAN maintains that the best way to address the issue of non-disclosure of HIV status is through education, reduced stigmatization and, of course, access to treatment. Through its positive leadership development institute program and special workshops, the OAN addresses not only the issue of disclosure by people living with HIV, but also leadership building to inspire role models for the community.
The OAN stands with the endorsers of the Community Consensus Statement in calling on all three levels of government to support the development of resources and training to address misinformation, fear and stigma related to HIV. Training should be conducted by experts in HIV and be extended to judges, police, Crown prosecutors and prison staff nationwide. Better co-operation with the criminal justice system and public health authorities hinges on education and stigma reduction.
The federal government should ensure greater alignment between its directive and provincial directives on criminal prosecution, but that is only part of the solution. The OAN recognizes that aligning provincial directives with the federal directive poses a challenge and therefore echoes the Canadian Coalition to Reform HIV Criminalization in calling for Criminal Code reforms along with sound prosecutorial guidelines, including for provincial Crown attorneys. The two are not mutually exclusive, and both are, in fact, necessary.
Ending the over-criminalization of HIV requires legislative reforms to remove the non-disclosure of HIV from sexual assault provisions and ensure it applies only in cases of actual and intentional transmission.
Although PLWHAs like myself are grateful for the progress that's finally been made on an issue that is so vital to us, our peers and our communities, we urge elected officials to go one step further and amend the Criminal Code, in keeping with expert recommendations such as those of the Canadian Coalition to Reform HIV Criminalization.
Together, let's put a stop to this. Let's make sure that the unfair and ineffective discrimination against marginalized populations comes to an end. Let us work together effectively to put an end to this epidemic.
Thank you for listening.