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Liberals to launch consultation on criminal justice response to HIV non-disclosure

Jul 27, 2022 | 9:18 AM

OTTAWA — The Liberal government plans to hold consultations on the criminal justice system’s response to HIV non-disclosure.

Justice Minister David Lametti is making the commitment as he meets interested parties in the lead-up to the International AIDS Conference in Montreal this weekend.

The consultation, slated to begin in October, will seek input on how to modernize the criminal justice system in light of scientific evidence related to the risk of sexual transmission of HIV, the virus that causes AIDS.

Current criminal law allows for prosecutions of aggravated sexual assault, the most serious type of sexual offence, in cases where a person does not disclose their HIV status before having sex with someone. 

Advocates are aware of more than 200 such cases since 1989 and say the way the law is enforced is “extremely punitive and overbroad.” 

India Annamanthadoo, a policy analyst with the HIV Legal Network, says the consultation is a good first step, but it is not enough and swift legal reform is needed.

This report by The Canadian Press was first published July 27, 2022.

The Canadian Press