Not A Crime – Indigenous Perspectives on HIV Criminalization – Anton McCloskey

Today we are sharing the second is a series of conversations we have had in recent months with people from Indigenous communities about the impact of HIV criminalization.

In Canada, Indigenous people, especially women and youth, are disproportionately affected by HIV. Even though Indigenous people are only 5% of the total population, studies from 2020 that show Indigenous people represented over 18% of new HIV transmissions and 10% of all people living with HIV in Canada.

We know of at least 224 cases in which a person living with HIV has been criminally charged based on accusations that they did not disclose their HIV status to a sex partner. We also know that at least 15 Indigenous people have been charged (and there may be more), and that of 19 women living with HIV have been prosecuted to date in Canada, at least five of whom were Indigenous.

People are almost always charged with one the most serious criminal offences in Canada: aggravated sexual assault – and until recently, people who were convicted in Canada were automatically designated as sexual offenders.

Today we will be hearing from Anton McCloskey, who we have to come know through his important work with PASAN, a community-based Harm Reduction, HIV, and Hepatitis C organization that provides support, education, and advocacy to, for, and with individuals who are incarcerated or formerly incarcerated.

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