Update on the Constitutional Challenge to Homophobic Colonial-Era Laws in Jamaica

For more than eight years, Maurice Tomlinson and the HIV Legal Network have been in court fighting for rights that are denied to LGBTQ+ people living in Jamaica due to colonial-era laws that criminalize same-sex intimacy. Through this slow process, Maurice’s case has nonetheless been gaining momentum, and in recent years we have seen similar … Read more

Summary of R. v. J.M., 2022 ONCA 615

In August 2022, the Court of Appeal for Ontario overturned a woman’s conviction for one count of aggravated sexual assault in relation to HIV non-disclosure in the case of R. v. J.M. The initial 2013 conviction stemmed from a single act of condomless vaginal sex that occurred in 2011, at a time when the appellant … Read more

A DISAPOINTING DECISION FROM THE JAMAICA COURT OF APPEAL

On Friday, March 31st, 2023, the Jamaican Court of Appeal rendered a decision in the constitutional challenge brought by Maurice Tomlinson against sections 76, 77 and 79 of Jamaica’s Offences Against the Person Act (“OAPA”), which criminalize same sex intimacy.    The Court unanimously granted the appeal sought by the Attorney General of Jamaica, thereby … Read more

POLICY BRIEF ON HIV, HEPATITIS C, AND STBBIs AMONG INDIGENOUS PEOPLE

Effectively addressing HIV, HCV, and STBBIs among Indigenous people requires the adoption of a human rights approach, focusing on evidence-based and culturally sensitive interventions that embrace Indigenous ways of knowing and doing. In addition to the legal and policy recommendations described below, it is imperative moving forward that access to emerging health care technologies and … Read more

IT’S TIME FOR DRUG DECRIMINALIZATION – DONE RIGHT – NOW

With no time for half-measures, Canada needs full decriminalization nation-wide, led by lived experience and evidence Monday, January 30, 2023 — This week, we are watching with great interest as the possession of some drugs in small amounts will finally be decriminalized in the Province of British Columbia. While in theory a positive step forward … Read more