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HIV Disclosure and the LawHIV Disclosure and the Law

A Resource Kit for Service Providers

With regularity, people living with HIV (PHAs) continue to be criminally prosecuted and convicted for not disclosing their HIV-positive status to sexual partners. As of April 2012, more than 130 people in Canada had been charged for not disclosing their status. Until the law is changed, criminalization is a reality that the community must live with and respond to. This Resource Kit is intended to provide both PHAs and service providers with useful information and tools to make informed and empowered choices about how to respond to criminalization.

This Resource Kit is produced with the partnership of AIDS Coalition of Nova Scotia, Canadian AIDS Society (CAS), Coalition des organismes communautaires québécois de lutte contre le SIDA (COCQ-SIDA), HIV & AIDS Legal Clinic Ontario (HALCO) and Positive Living B.C.

Table of contents


HIV disclosure to sexual partners

Additional resource

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Criminal law and HIV non-disclosure

Additional resources

Understanding the evolution of the Canadian criminal law on HIV non-disclosure:

Risks of HIV transmission:

Your rights when contacted, detained or arrested by the police:

Resource kit for defence lawyers and advocates:


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Counselling in the context of the criminalization of HIV non-disclosure

Additional resources

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Client confidentiality and record-keeping

Additional resources

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Civil liability issues for PHAs and service providers

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Responding to the media

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Public health laws

Additional resources:

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For more information and legal advice

HIV and the law in Canada


HIV and the law in Ontario

HIV and the law in Quebec

  • Coalition communautaire des organismes québécois de la lutte contre le sida (COCQ-SIDA) — Clinique d'information juridique VIH info droits:
    Tel: +1 514 844-2477 (ext. 34)
    Toll-free (when calling from outside Montréal): +1 866 535-0481 (ext. 34)
    E-mail :

To find a lawyer

Prisoner support

  • Prisoners’ HIV/AIDS Support Action Network (PASAN):
    Toll-free: +1 866 224-9978
    Tel.: +1 416 920-9567
    Fax: +1 416 920-4314

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Download the flyer for this Resource Kit

Cécile Kazatchkine
Policy Analyst
ckazatchkine [at]

HIV Disclosure and the Law
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