HIV Criminalization and the Fight for Justice: My Journey as Brix Carlisle
In Canada, individuals living with HIV continue to face some of the harshest legal consequences of any marginalized group, particularly when it comes to criminalization for non-disclosure. As someone who has personally endured this legal battle, I know firsthand the devastating impact these outdated laws have on people living with HIV, particularly those who maintain an undetectable viral load.
My own legal struggle began in 2017 when I was charged despite being undetectable—meaning my HIV was medically untransmittable. This charge followed a precedent set by R v. JTC (2013), where a young man born with HIV was arrested at his senior prom for non-disclosure, despite having an undetectable viral load. The court ruled in his favor, recognizing that undetectable individuals should not be prosecuted, yet similar cases continued to surface. My own trial was a lengthy and grueling process, but it ended in acquittal—an outcome that should have set a clearer precedent for those who followed.
Unfortunately, since my case, at least three more individuals have been imprisoned for non-disclosure, many unaware that a scientific defense was even possible. Today, around 150 people living with HIV remain incarcerated in Canada under similar circumstances, a stark reminder of how the justice system lags behind medical science.
The Need for Legal Reform and Disability Protections
Despite promises made during the 2014 federal election, Canada has yet to implement comprehensive anti-discrimination protections for disabled individuals, including those living with HIV. Instead, the federal government has introduced legislation like Medical Assistance in Dying (MAID), which, in my view, prioritizes euthanasia over equitable healthcare access. This lack of legal safeguards leaves many vulnerable individuals—particularly those with HIV and cancer—without the protections they deserve.
As someone who has navigated the complexities of the legal system while managing a serious medical condition, I am determined to push for the creation of legislation akin to the Americans with Disabilities Act (ADA). True justice means ensuring that all disabled Canadians, including those living with HIV, have real and fair access to necessary treatments, legal protections, and social support.
Science and the Fight Against Misinformation
One of the most crucial messages that must reach the public and legal system is Undetectable = Untransmittable (U=U). Decades of research confirm that individuals who achieve an undetectable viral load through antiretroviral therapy (ART) cannot sexually transmit HIV. Yet, despite this well-documented medical fact, many law enforcement agencies and courtrooms continue to operate under outdated assumptions.
The legal system has historically been slow to accept new scientific developments—fingerprinting, DNA analysis, and even palmistry were once dismissed before becoming essential forensic tools. Today, we stand at a similar crossroads with U=U. Recognizing this principle in courtrooms across Canada is critical to preventing future wrongful prosecutions and ensuring that scientific progress informs legal standards.
Alternative Medicine: Cannabis and Cancer Treatment
Throughout my health journey, I have explored alternative treatments to complement traditional medicine. One of the most promising areas of research involves the use of cannabis cannabinoids in chemotherapy treatments. Compounds such as Hexacannabitriol and Tetrahydrocannabinol Acid have shown potential in managing side effects and improving quality of life for individuals with chronic illnesses like HIV and cancer.
For centuries, medicinal plants have played a role in healing, and today, cannabis is gaining recognition for its ability to support immune function, relieve symptoms, and even provide non-toxic chemotherapy alternatives. As the medical community continues to study the potential of plant-based therapies, it is essential that patients have access to safe, research-backed treatment options.
Breaking Barriers: The Fight Continues
Living with HIV and advocating for justice has been both a challenge and a calling. Beyond legal battles, individuals like myself continue to face discrimination in areas such as healthcare, employment, and even life insurance. In Canada, securing life insurance without a medical exam remains nearly impossible for those living with HIV, a reflection of the ongoing stigma that surrounds this condition.
As I share my story, my hope is to raise awareness, challenge misconceptions, and advocate for systemic change. The fight for justice, dignity, and equal rights for HIV-positive individuals is far from over—but together, we can build a future where no one is criminalized for their medical condition, and where science, rather than fear, guides policy and public perception.
