In a significant turn of events, the Government of Canada last week announced the repeal of a long-standing prejudicial immigration policy. Effective July 7, Immigration and Refugees and Citizenship Canada’s (IRCC) “automatic partner notification” policy is no longer in force, marking the end of two decades of an intrusive and discriminatory immigration policy. The termination comes on the heels of a letter sent by lawyer Michael Battista to the Minister of Immigration, Refugees and Citizenship on behalf of the HIV Legal Network, HALCO, and COCQ-SIDA calling on him to end the policy and respect the human rights of people living with HIV. This call was echoed in a media statement and in a featured article in the Toronto Star.
It is clear that our advocacy is working, and today we are celebrating this important victory for people living with HIV — and human rights for all.
Under the now-defunct policy, IRCC gave three choices to people living with HIV who were applying to immigrate to Canada in the family and refugee classes: they could tell their sponsoring spouse or partner about their diagnosis and provide proof of this to IRCC; they could withdraw their application; or they could do nothing, knowing that IRCC would share their diagnosis with their sponsor after 60 days. While claiming to uphold a “commitment toward public health and safety,” the policy effectively forced many people living with HIV to disclose their status or give up on immigrating to Canada — even though HIV poses no threat to public health or public safety under Canadian immigration law.
Canada has long claimed to be a leader on the world stage when it comes to both HIV and human rights. With this critical step, we believe it is closer to being one. While the policy treated every person living with HIV as a threat to their families and communities, its repeal recognizes that HIV is a chronic but manageable health condition that is more appropriately managed by local health authorities. The triumph combats outdated beliefs about the risks of HIV transmission and finally respects the right of people living with HIV to choose how and when to disclose their status.
This is a powerful step towards upholding the human rights of all people living with HIV, both in Canada and abroad. It also serves as a reminder of the vital role of advocacy in amplifying the concerns of people living with and affected by HIV, challenging discriminatory practices, and achieving meaningful policy reform.
Thank you for being with us on this journey.
In solidarity,