Skip past main navigation
Donate
Contact UsBoard Members' Area

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

Introduction

HIV disclosure to sexual partners

Additional resource

Back to top

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:

Other:

Back to top

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

Additional resources

Back to top

Client confidentiality and record-keeping

Additional resources

Back to top

Civil liability issues for PHAs and service providers

Back to top

Responding to the media

Back to top

Public health laws

Additional resources:

Back to top

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: www.cocqsida.com
    Tel: +1 514 844-2477 (ext. 34)
    Toll-free (when calling from outside Montréal): +1 866 535-0481 (ext. 34)
    E-mail : vih-infodroits@cocqsida.com

To find a lawyer

Prisoner support

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

    Back to top

Flyer
Download the flyer for this Resource Kit
Contact

Cécile Kazatchkine
Policy Analyst
ckazatchkine [at]
aidslaw.ca

HIV Disclosure and the Law
Sign Up for Updates: Keep current on new additions to this Resource Kit and developments in the law.
The Canadian HIV/AIDS Legal Network is a non-governmental organization in Special Consultative Status with the United Nations Economic and Social Council (ECOSOC).
Privacy PolicyLegal DisclaimerSite Map
Canadian HIV/AIDS Legal Network
Jump to main navigation