The answer to rising infection rates is not a looser approach to the law

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There was a time when HIV was a death sentence. Nowadays, it’s a life sentence of antiretroviral medication. Which is why the Liberals, since 2016, have been thinking of softening the law on HIV non-disclosure.

That is, until the end of November, when Justice Minister Arif Virani’s office confirmed to the Star that no reforms were on the way. It’s a blow to the longtime efforts of HIV advocacy groups who have some valid concerns about the law, but it’s probably for the best.

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The law as it stands now requires people with HIV with a “realistic possibility of transmission” to disclose their status to their sexual partners. It’s a matter of giving proper consent: if a person is about to engage in potentially risky sexual behaviour, they should be aware so they can make an informed choice whether to continue. No HIV disclosure, no consent — and consentless sex is how one winds up with a sexual assault charge, and possibly an aggravated sexual assault charge.

Those with HIV do not need to tell their partners about their status, however, if they use condoms during sex and have a low or undetectable viral load. Transmission risk in those cases is low enough that disclosure isn’t required, so said the Supreme Court of Canada in 2012.

HIV advocates have insisted that the law as it stands is still unfair, and the........

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