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Wednesday, January 14, 2026

Activists, politicians mark World AIDS Day calling for criminal law reform

Date:

World AIDS Day Demands End to Harmful HIV Criminalization Laws

On World AIDS Day, a global chorus of activists, healthcare professionals, and political leaders is rising with a unified and urgent message: it is time to reform the outdated and stigmatizing laws that criminalize HIV non-disclosure. While the day is traditionally a moment to remember those lost and celebrate scientific progress, advocates are forcefully shifting the focus to the legal systems that perpetuate fear, discrimination, and injustice against people living with HIV.

The Heavy Weight of Criminalization

Canada, like many nations, has laws that can prosecute individuals for not disclosing their HIV status to sexual partners. These laws were born in an era of panic and limited medical understanding in the 1980s and 90s. However, modern science has rendered their foundational logic not just outdated, but actively harmful.

Today, we know two critical facts that the law often ignores:

  • Effective treatment reduces the viral load in a person’s blood to an undetectable level, making it impossible to transmit the virus sexually. This is known as Undetectable = Untransmittable (U=U).
  • Other highly effective prevention tools, like consistent condom use and PrEP (Pre-Exposure Prophylaxis), drastically reduce or eliminate transmission risk.
  • Despite this, individuals can still face severe criminal charges—even aggravated sexual assault—for non-disclosure, regardless of the actual risk of transmission or whether transmission even occurred. This legal approach treats a public health matter as a violent crime.

    How Criminalization Fuels Stigma and Harms Public Health

    The impact of these laws extends far beyond courtrooms. They reinforce the very stigma that World AIDS Day seeks to dismantle, creating a climate of fear with serious public health consequences.

    The damaging effects are clear:

  • Drives People Away from Testing and Care: Fear of legal repercussions can deter individuals from getting tested for HIV. If you don’t know your status, you cannot be prosecuted for non-disclosure. This creates a perverse incentive to avoid healthcare, preventing people from accessing life-saving treatment and support.
  • Undermines Trust in Healthcare Providers: The threat of criminalization can poison the patient-doctor relationship, making individuals hesitant to be fully open with their physicians for fear that their private health information could be used against them.
  • Perpetuates Dangerous Myths: By equating HIV with sexual violence, the law reinforces outdated and false notions that people living with HIV are predators, rather than people managing a chronic health condition.
  • Disproportionately Targets Marginalized Communities: The burden of criminalization falls hardest on racialized communities, Indigenous peoples, women, and LGBTQ+ individuals, who already face systemic barriers within the justice and healthcare systems.
  • A Growing Movement for Change

    The call for reform is not new, but it is gaining unprecedented momentum. On this World AIDS Day, the alignment between activists and politicians is particularly striking.

    The Political Push for Modernization

    Elected officials across party lines are now acknowledging the failure of the current legal framework. Recent years have seen:

  • Federal government directives to prosecutors, urging them to avoid criminal charges in cases where there is no realistic possibility of transmission.
  • Provincial governments, like British Columbia and Quebec, formally issuing prosecutorial guidelines aligned with modern science.
  • Cross-party support for studying and implementing law reform to explicitly limit prosecution to cases of intentional, actual transmission.
  • This political shift recognizes that the criminal law is a blunt and ineffective instrument for public health. The goal is to move from a punishment-based model to one rooted in education, empowerment, and evidence.

    The Unwavering Voice of Lived Experience

    At the heart of the movement are people living with HIV and the organizations that support them. They argue that the path to ending the epidemic does not run through prisons, but through:

  • Comprehensive Sex Education: Teaching about consent, U=U, and prevention tools for all.
  • Fighting Stigma: Public campaigns that normalize HIV and challenge misinformation.
  • Ensuring Access: Guaranteeing that everyone, regardless of income or background, can access testing, treatment, and PrEP without barriers.
  • As one advocate stated, “We cannot hope to end AIDS while we maintain laws that treat people living with HIV as criminals for simply existing and having relationships.”

    The Path Forward: From Criminalization to Empowerment

    The demand this World AIDS Day is clear: Canada must join other progressive nations in fundamentally reforming its approach. The blueprint often cited includes:

    Key Pillars of Effective Reform:

  • Legislative Action: Amending the Criminal Code to restrict prosecution to only those rare cases where there is both intent to transmit HIV and actual transmission occurs.
  • National Guidelines: Implementing uniform prosecutorial guidelines across all provinces and territories based on the latest scientific evidence.
  • Investment in Health, Not Punishment: Redirecting resources from criminal prosecution into community-led support, education, and healthcare access initiatives.
  • Formal Apology and Expungement: Acknowledging the harm caused by decades of discriminatory laws and expunging the records of those unjustly convicted.
  • A Future Free from Stigma

    World AIDS Day 2024 marks a pivotal moment. The scientific tools to end the HIV epidemic as a public health threat are in our hands. What stands in the way are not medical barriers, but social and legal ones.

    Reforming HIV criminalization laws is more than a legal technicality; it is a profound act of aligning our justice system with justice itself. It is about replacing fear with facts, punishment with prevention, and stigma with solidarity. By listening to the calls made on this day, we can build a future where the law protects public health instead of undermining it, and where every person living with HIV can live with dignity, free from the threat of criminalization.

    Riley Thorne
    Riley Thorne is a Canadian journalist and political expert with 9+ years of professional experience covering national policy, political affairs, defense technology, aviation, travel, and economic developments in Canada. She earned her Bachelor of Public Affairs from the prestigious Carleton University and completed advanced studies in media and strategic communications at the selective Ryerson University (now Toronto Metropolitan University). Riley focuses on in-depth political analysis and reporting on issues shaping Canada.

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