Hon. Kristopher Wells: This Saturday, February 28, marks international HIV Is Not A Crime Awareness Day. As documented in the recent report on HIV in Canada led by Senator Cormier, Canada continues to have among the harshest laws criminalizing individuals who do not disclose their HIV status. Individuals can face serious jail time and lifelong consequences, even when there has been no transmission of the virus and even when they have taken steps to make that transmission impossible. This approach not only disproportionately punishes vulnerable people; it also undermines public health by discouraging individuals from getting tested and knowing their status.
Nearly eight years ago, the government recognized the need for Criminal Code reform to address this injustice, yet no legislation has been introduced.
Senator Moreau, will the government today renew its commitment to reforming Canada’s laws on HIV non-disclosure?
Hon. Pierre Moreau (Government Representative in the Senate): Thank you for that important question.
The government recognizes that the current approach to HIV non-disclosure has had serious and harmful consequences, including stigma and negative public health impacts. In 2018, the Attorney General issued a directive limiting prosecutions in cases where individuals have taken appropriate steps to prevent transmission. That is why the government launched public consultations in 2022 to examine potential reforms.
Canada publicly endorses the science behind “Undetectable = Untransmittable,” and the law must reflect modern science, fairness and sound public health evidence. The Government of Canada will continue working with partners and stakeholders to ensure our justice system is rooted in compassion, evidence and equity.
Senator K. Wells: Thank you for that detailed response.
As you mentioned, there is clear scientific consensus that “Undetectable = Untransmittable.” Advocates, legal experts and civil society members are eager to move forward with much-needed reforms.
Senator Moreau, given these long-standing commitments and the need to align our laws with modern science and sound public health evidence, will the current government commit today to supporting legislation to reform Canada’s criminal laws on HIV non-disclosure before the end of this year?
Senator Moreau: As you know, Senator Wells, I cannot speculate on the timing of potential legislation or future government business.
What I can say is that the government has acknowledged the need for reform, has taken concrete interim steps to limit harmful prosecutions and remains actively engaged with experts and community leaders on a path forward.