Thank You Scotiabankers!
The Tour Tech East Post Xmas Party
was held on Saturday, February 2nd,
2013. Tour Tech East is a privately
owned and operated audio rental, installation and distribution company
specializing in sound, lighting and
staging. Each year they host a huge
party – by invitation only – for their
guests, business associates, sponsors,
musicians, music industry professionals, movie/TV industry personnel, clients, media etc. There are a number of
big performances throughout the night.
The musical line-up in past years has
showcased many well-known, talented
performers such as Under the Sun, Jamie Sparks, Theresa Malifant and The Instigators, John Gracie,
April Wine etc. It’s set up as a fundraiser which benefits our
Health Fund.
The event is heavily reliant on volunteers; we begin recruiting mid-way through the year to assemble a team of approxi-
mately 40 volunteers, many if
whom return each year. There are
a variety of volunteer positions
available including greeting guest
at the door, collecting coat check
fees, coat check attendants, bar
ticket sales, etc.
This year, a contingent of Scotiabank staff has joined us. They
represent the Bright Future Program which is supported by the
volunteer and fundraising efforts
of Scotiabank staff. Their efforts
resulted in us receiving matching
funds of $5,000! Scotiabank is
also the national sponsor of the
Scotiabank AIDS Walk for Life.
Our Volunteers are the backbone of ACNS. The time and
energy they dedicate makes a huge difference in the lives of
people living with HIV/AIDS. We truly appreciate their efforts. Thank you all for your time, energy, and generosity!
Ravaged Resilience - International Women’s Day
On March 9, 2012 the AIDS Coalition of Nova Scotia partnered with Dalhousie University and the Nova Scotia Commission on AIDS to celebrate International Women’s Day. This
event explored the impact of criminalization of non-disclosure
of HIV on women through viewing the film, Positive Women:
Exposing Injustice, and holding a discussion following it.
This day was very special to all the people involved and we
incorporated a unique art-collaboration into the event. The
AIDS Coalition connected women living with HIV with a local
artist Miro Davis. Through this process these courageous women shared their stories about diagnosis, despair, strength and
hope. Miro created a breathtaking art piece titled, Ravaged Resilience. It captures the powerful emotions and journeys of
women living with HIV/AIDS.
Ravaged Resilience represents women and their journey with
HIV through the symbolism of nature. The leaves represent life
before diagnosis. The ravens highlight the pain of diagnosis
and all the changes that are accompanied by this. The pain of
disclosure, rejection, stigma and discrimination are constantly
plucking away at the already dying tree. Through personal
strength and the AIDS community taking women under their
wing; something wonderful began to happen. A nest was built
providing hope. The tree began to grow again with the garden
sprouting. This represents a rebirth enabling a break out of the
shell that society casts for HIV-positive women. This piece
will be at our office for viewing.
Miro Davis is an incredible talented artist with compassion
and sensitivity to address complex issues. She has nurtured an
intricate yet broad-based creative practice, borrowing liberally
from various visual arts disciplines while remaining trotted in
sculpture. Davis' work brings together disparate individuals
and groups through visual art, underscoring the importance of
creativity in our day-to-day lives and to
society as a whole. Davis has worked in
schools, hospitals, shelters, businesses,
community centres, universities, and conferences.
The AIDS Coalition of Nova Scotia
would like to thank everyone involved
with this event. It was truly an incredible
collaboration and celebration of women
living with HIV/AIDS.
UPDATE: HIV & Non-Disclosure
Given the recent decision made by the Supreme Court of Canada back in October of 2012 we wanted to make sure that all of
you receive updated, relevant information on HIV, disclosure and the law. We recognize how challenging this situation was and
is now as a result of the new decision. We have laid out some of the most pertinent information provided by the Canadian HIV/
AIDS Legal Network for you to review.
Important information: HIV Non-disclosure and the criminal law
On October 5th, 2012 the Supreme Court of Canada made a decision that people living with HIV have a legal duty, under the
criminal law to disclose their HIV-positive status to sexual partners before having sex that poses a “realistic possibility” of HIV
transmission. Not disclosing in such circumstances means a person could be convicted of aggravated sexual assault. What does
this mean for you?
When do you have a legal duty to disclose your HIV-positive status to a sexual partner?
The Supreme Court of Canada says that you must disclose your status before having sex that poses “a realistic possibility of
transmitting HIV.”The Court also found that almost any risk is “realistic,” no matter how small.
Base on the Court’s decisions, you have a legal duty to disclose:
Before having vaginal or anal sex* without a condom (regardless of your viral load); or
Before having vaginal or anal sex* with anything higher than a “low” viral load (even if you use a condom).
In summary, either using a condom or having a low viral load is not enough to preclude criminal liability in cases of HIV
non-disclosure when it comes to vaginal and anal sex.
When don’t you have a duty to disclose?
The Supreme Court of Canada was clear that you do not have a duty to disclose before having vaginal sex if (1) your viral load
is low of undetectable and (2) you use a condom. Both of these are required.
NOTE: Your viral load does not need to be “undetectable.” A “low” viral load is sufficient. What this means remains to be
defined in subsequent cases. However, based on the Supreme Court of Canada decision, it seems that it should at least
include any viral load below 1500 copies of the virus per millilitre of blood.
What is still unclear?
There is still a lot of uncertainty in the law. The cases before the Supreme Court of Canada only dealt with HIV non-disclosure
in the context of vaginal sex, it is not clear how the test of a “realistic possibility of transmission” will be applied to other sexual
acts.
What about anal sex? Anal sex poses higher risks of transmission than vaginal sex, so the duty to disclose is at least as strict
as for vaginal sex. In other words, you have a duty to disclose before having unprotected anal sex or when your viral
load is higher than “low.” “It might be the case that as with vaginal sex, if you use a condom and your viral load is low,
you don’t have a legal duty to disclose. But at this time, we can’t say for certain if satisfying both these requirements
(condom use plus a low viral load) will be enough to avoid convictions in the case of anal sex.
What about oral sex? Oral sex (without a condom) is usually considered very low risk. We don’t know at this point whether
courts will find that there is a duty to disclose before oral sex without a condom. We also don’t know whether it makes a
legal difference if you are receiving or performing oral sex, or whether the amount of semen or vaginal fluid that the person performing oral sex is exposed to can make a legal difference.
What if you have a low or undetectable viral load AND use a condom but the condom breaks?
This is a very difficult question to answer and there are several factors that you should take into account:
Although this issue was not addressed by the Supreme Court of Canada, you may have a duty to disclose in the case where a
condom breaks.
Disclosing your status after a condom breaks could be relevant to your sexual partner in deciding whether to seek “postexposure prophylaxis” (PEP) with antiretroviral drugs to further reduce any risk of infection.
But disclosure in such circumstances may also expose you to an increased risk of violence and/or threat of prosecutions. HIV
continues to generate a lot of fear and misconception. Your partner may have a bad reaction if he or she discovers that
you are HIV-positive after a condom breaks.
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How can you protect yourself against prosecutions?
There is no guaranteed way to avoid being accused of HIV non-disclosure. People may lie or make mistakes about whether
disclosure took place and/or whether a condom was used. There are things you can do that may reduce the risk of criminal prosecution or conviction for HIV non-disclosure.
Tell your sexual partners that you are HIV-positive before sex, and try to get proof that you told them about your status. This
may include disclosing in front of a witness, such as a counsellor or doctor. (Please note this strategy may work against
you if you have had vaginal or anal sex before you disclosed.)
Use a condom when you have vaginal or anal sex and see a doctor regularly to create a record of your viral load test results
showing lowered viral load.
Other important things to know:
There is no distinction between silence and a lie. Even if your partner does not ask your status, it is your legal responsibility
to disclose unless the above conditions are met.
There is no distinction based on the circumstances of a particular encounter, including the type of relationship.
People living with HIV can be prosecuted even if they had no intent to harm their partner.
People living with HIV can be charged with aggravated sexual assault for not disclosing their status. It carries a maximum
penalty of imprisonment of life and a mandatory registration as a sexual offender.
The above information was produced by the Canadian HIV/AIDS Legal Network. For more information, please go to the website http://www.aidslaw.ca/
In response to this ruling and the response of local print media, the Executive Director of the AIDS Coalition of Nova Scotia,
Maria MacIntosh wrote this letter:
This letter is in regards to the recent Supreme Court decision on HIV non-disclosure with respect to criminal law. I hope to
clarify some of the issues at hand because — make no mistake — HIV and disclosure are issues that affect us all.
Let’s go back to 1998 when the Supreme Court of Canada ruled on HIV non-disclosure. At the time, the Court did not impose
a blanket obligation to disclose one’s HIV-positive status to sexual partners. It was clear that disclosure would only be required
before having sexual relations that represented a “significant risk” of HIV transmission. The Court even suggested that using a
condom might be sufficient to preclude criminal liability in cases of HIV non-disclosure (irrespective of viral load i.e. level of
HIV in the body).
The recent decision of the Supreme Court of Canada is a major step back. Condoms — a public health mainstay — are no
longer enough. Now positive people also need to prove they have a low or undetectable viral load or they can be convicted of
aggravated sexual assault for not disclosing their status, which carries a maximum penalty of life imprisonment and sex offender
registration.
In practice, this decision means that someone who does not have (or can’t prove) a low viral load can be sent to jail and registered as a sexual offender for life, even where they had no intention to harm, took sufficient precautions to protect a partner from
HIV, and no transmission occurred. This is clearly a disproportionate misuse of the criminal law.
We know a lot about HIV, but misinformation persists. For example, we know that HIV is hard to transmit and even in cases
where protection is not used that it doesn’t necessarily mean a person will contract the virus. The risk associated with one incident of unprotected sex is 0.08% (1 in 1250). When used properly, condoms are 100% effective in preventing HIV transmission
in any given case. Research has also shown that even factoring in improper use reduces what is already a very small risk by 80%.
Over the last decade, studies have also shown that when a person’s viral load is low or undetectable, the risks of transmission are
approaching zero. Effective treatment with antiretroviral drugs can, alone, reduce the already small risk of transmission by up to
96%.
But the fear and stigma that surrounds HIV and those who live with it persist — and this is often what makes disclosure so
very difficult in our society. With respect to a common understanding about people having a “right” and wanting to know a person’s status — yes, people want to know. But this does not mean that non-disclosure should be criminalized without any limit.
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The criminal law is a blunt and severe instrument that must be reserved for the most serious cases, especially when the most
serious offences of our criminal code are at play. Aggravated sexual assault is usually prosecuted in cases of rape that are so violent it wounds, maims, disfigures or endangers the life of the complainant. Cases of HIV non-disclosure, wherein public health
precautions were taken and there was no intent to harm, should not qualify.
We all have a shared interest in preventing new cases of HIV. Every new HIV case is one too many. But the criminal law will
not help, as it does nothing to prevent new infections. A public health approach seeks to understand the complexities associated
with HIV transmission and risk, provides education, offers support and counselling to those who test positive and in rare circumstances where it is warranted, can utilize public health orders. The World Health Organization, Joint United Nations Programme
on HIV/AIDS and other public health and clinical experts endorse a public health approach in response to HIV transmission.
UNAIDS even makes the recommendation that the criminal law need only apply to rare cases where there is evidence of malicious intent and HIV is actually transmitted.
While HIV/AIDS related stigma and discrimination presents a negative picture of an HIV-positive person, evidence clearly
shows that the vast majority of people living with HIV take steps to protect themselves and others. We need to focus on encouraging everyone to take responsibility for their health, HIV-negative and positive alike. Everyone needs to get tested, and we must
create an environment where in people living with HIV can disclose their status without fear of violence or retaliation. But with
the Supreme Court of Canada’s recent decision, we are moving further and further away from that ideal.
We must understand that just because a person does not always disclose his or her HIV status to all partners does not mean that
they are irresponsible. HIV disclosure is hard and can lead to dramatic consequences for the most vulnerable among us. If people
engage in low-risk sexual activities, consistently and carefully use condoms — whether or not their viral load is low — they are
acting responsibly. People living with HIV need support and understanding, and not the unfair threat of prosecution hanging over
their heads.
You can find out more information at: http://www.aidslaw.ca/EN/index.htm
Fund Development
The BMO Bid for Life was held on March 21st, 2013 and a fun time was had by all. We had fantastic items in our auction and
some great entertainment. The evening was kicked off by a performance by the Maritime Dance Production Group and finished
with a brilliant performance by Deva Station. A special thank you goes out to everyone who supported the BMO Bid for Life
this year by attending, donating items, and volunteering your time. Without you this event would not have been a success!!
Comfort Hotels “Queen for a Night” presented by Turbine by Lisa Drader-Murphy on May 10th: Grab you Mom, your
sister, and your girlfriends and enjoy an evening out in style with fashion shows, entertainment, martini bar, A Royal Boutique,
A Royal SPA and a chance to win a Makeover day with everything you would expect. Win a makeover day, and so many more
surprises you are not going to want to miss. Tickets are $40 each. Contact Kenda for more details.
Amazing Challenge for AIDS - October 18th- Don’t miss your chance to be part of this mind boggling, nerve wrecking day.
Teams are signing up quickly, you do not want to miss your chance to participate in this event, call Kenda at 425-4882 ext 228
today for information in the meantime check out these links: http://www.amazingchallenge.org and http://youtu.be/QZTDTb3s8I.
Scotiabank AIDS Walk for life will be held on Sunday, September 22nd, Dust off your sneakers and get ready!!! Registration details to follow.
Join the Board of Directors
The Board of Directors is looking for PHAs from across the province that would like to join the Board of Directors and help to
shape the future of the organization. The Board is also offering a mentorship program for PHAs interested in learning more about
what is involved in becoming a member of the board. You will also be provided with training and opportunities to try out Board
Committees before moving forward. If you are interested in learning more, please the Board Chairperson, Al McNutt at [email protected] or call 800 566 2437 ext. 230 to leave a message and he will get back to you.
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Support Services
Looking to chat? Having challenges navigating systems? Want to connect with others? ACNS offers many types of support to
our members. To ensure you know what we are able to assist with, here is a list of support services:
Supportive Counseling - Touch base with us in person or over the phone if you are experiencing crisis or just want to chat.
We can discuss diagnosis, disclosure, illness, grief and loss and difficulties managing life situation and relationships. We
can connect you with other supports as well. Friends, family, loved ones and caregivers of those living with HIV can
also access support.
Advocacy – We advocate on behalf of our members to assist with better access to healthcare and community resources, such
as social assistance, special diet funding, CPP, medication coverage, homecare, basic needs and housie. We can also direct people to other organization that may specialize in specific area of advocacy.
Referrals & Systems Navigation – We provide referrals to access a number of community supports such as legal aid, psychological and mental health services, addiction services and more. We can also help you to figure out how to get the
healthcare you need, the steps you need to take and what you can expect.
Treatment Information – We approach HIV treatment from a holistic, harm reduction perspective and keeps an up-to-date
treatment information library on current HIV treatment issues, including medication, adherence strategies, alternative
treatments, diet and nutrition, medication interactions and mental health. We can provide you with one-on-one treatment
information sessions, access to internet and printed resources and treatment information workshops.
HIV/AIDS Resource Centre – We provide a wide selection of books, pamphlets, articles, reports and CDs containing information about many issues. Most of the resources are available for loan across the province. Internet service is also available for research and personal use.
PHA Social – This is a bi-monthly social group for ACNS members to get to know each other and discuss mutual interests.
It is an opportunity to come together to have discussions, support each other and to share experiences. Snacks are provided.
Poz Gay Men’s Group – This is a monthly social group for men who identify as gay or bisexual and are living with HIV/
AIDS. It is an opportunity to come together to have discussions, support each other and to share experiences. This is a
peer fun group, with snacks provided.
Complementary & Alternative Therapy Program – ACNS had a volunteer practitioner who offers massage to members on a
limited basis.
Making Ends Meet – The first Thursday of every month, ACNS offers hygiene products free of charge to those living with
HIV/AIDS on low income.
Health Fund – Once every two months, ACNS members can request a $75.00 health fund cheque to those who qualify.
Workshops, Conferences & Retreats – In partnership with local and national organization, ACNS offers a variety of workshops on a range of topics throughout the year. Each year we host the NS HIV/AIDS Knowledge Exchange & Health
Promotion Forum.
If you are interested in any of the above programs, please contact us. If you live rurally and are unable to connect with these
programs, we would be happy to try and support you in other ways.
If you have not yet returned your Support Services Questionnaire, please do so as soon as possible. With your feedback we can
improve our Support Services. In the next edition of Positive Dispatch we will provide an overview of the questionnaire results.
Thanks for participating!
What’s Going On...?
May
8 - PHA Social
9 - Poz Gay Guys Group
June
6-9 Nova Scotia Knowledge Exchange
and Health Promotion Forum
13 - Poz Gay Guys Group
July
3 - PHA Social
11 - Poz Gay Guys Group
Welcome Kenda Riles
Kenda Riles started as the Fund Development Coordinator in November. Since then she has
been adding new flare and creative ideas to our ongoing events and initiating new ones. Her
experience with event planning, her multi-tasking skills and her eagerness to be a team player make her a great fit for this position. We are happy to have Kenda as part of our team.
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Nova Scotia HIV/AIDS Knowledge Exchange and Health Promotion Forum
Hot Topics! We have some exciting updates for everyone Here are a few of the may guest speakers and facilitators:
regarding this year’s Forum! This year’s theme is going to fo Jacquie Gahagan, PhD- Professor, Health Promotion
cus on HIV, Mental Health, and Resiliency, and we have beDirector, Gender and Health Promotion Studies Unit
gun to plan an interesting and fun agenda for all participants.
Dalhousie University
 Thomas Egdorf- Regional Education Coordinator,
Some of the hot topics we will be covering this year include:
CATIE
 Criminalization of non-disclosure
 Anna Demetrakopoulos – Support Coordinator, AIDS
 Resiliency and mental health
Bereavement and Resiliency Program Ontario
 Stigma and mental health
 Cecil Kazatchkine- Policy Analyst, Canadian HIV/
 HIV and Aging
AIDS Legal Network
 Treatment updates
 Simon Thwaites- Artist and Community Advocate
 Self care
 Monique Doolittle-Romas, CEO, CAS
 Recent updates in HIV research
Make sure to save the date, June 6th to 9th, Registration and
Scholarship Information will be available shortly!
Calling All Members!!
Are you looking for something fun? Do you want connect with others? We want to start a bi-monthly group for folks looking to
get out, meet some people, and have a good time. This is open to ALL ACNS members. Once we have some folks coming out to
meetings, we can decide as a group if we’d like to keep it social, or if folks want to have some HIV specific topics/events. Drop
in for food and fun! If you’d like to suggest some activities, or if you have questions, please call Michelle, Program Coordinator
at (902) 425-4882 ext. 226.
Staff Contacts
Who ya’ gonna’ call?! Interested in something you’ve read about here? Sometimes it isn't clear who you should speak with here
at ACNS. To that end, we have put together a little primer and a list of staff contact information. The phone numbers for anyone
here are all the same. Locally, dial 425 4882. If you’re long-distance, use 800 566 2437.
Maria Mac Intosh
Executive Director
[email protected]
Ext 227
Kenda Riles
Fund Development
[email protected]
Ext 228
Ned MacInnis
Program Support
[email protected]
Ext 224
Chris Aucoin
Gay Men’s Health
[email protected]
Ext 222
Laura Toole
Support Services
[email protected]
Ext 225
Michelle Evans
Program Coordinator
[email protected]
Ext 226
It’s Tax Time! Need Help With Your Tax Return?
It’s tax time! Do you need a hand to prepare your tax return? By
completing your tax return each year, you ensure you receive the HST
rebate and other income assistance program benefits on time. Ned
MacInnis, our office manager is available to assist members will simple tax returns at our office. For more information, please contact him
directly at 425-4882 ext. 224 or email him directly at: [email protected].
For individuals who are looking for assistance but not able to come
into the office, the Community Volunteer Income Tax Program may
be able to help you. This program assists taxpayers who have low income, and simple, non-complex tax situations. There will be a number of tax preparation clinics open across the province during the
months of March and April. For more information, or to find out
which clinic is closest to you, please call 1-800-959-8281 or visit:
http://www.cra-arc.gc.ca/tx/ndvdls/vlntr/menu-eng.html
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