Stop the Criminalization of HIV Non-Disclosure!

Please be aware that any resources describing the current state of the criminal law as it relates to HIV non-disclosure do not take into account the recent Supreme Court of Canada decisions in R. v. Mabior and R. v. D.C. We are presently working to update all our resources in accordance with these new decisions.

 

• Key Documents  
• Stay Informed

The Canadian HIV/AIDS Legal Network is extremely concerned about the escalation and severity of criminal charges involving HIV non-disclosure. Currently Canadian criminal law requires people living with HIV to disclose their status before engaging in behaviour that involves a "significant risk" of transmitting the virus. More than 130 people living with HIV have been charged in less than 15 years — yet, this includes numerous cases, in which their activity posed no significant risk of HIV transmission. This is a miscarriage of justice. Such misuse of the law also contributes to a climate of anxiety, fear, stigma and misinformation that undermines HIV counseling, education and prevention efforts — and puts all Canadians at greater risk.

People living with HIV are not criminals in cases where the threshold of significant risk is not met — including cases where condoms are used or an HIV-positive person is being successfully treated with antiretroviral drugs. We envision a world where the law seeks to protect and uphold the human rights of all people, including those living with HIV, and is guided by the best available scientific evidence, not assumptions, prejudice or fear.

On February 8, 2012, the Supreme Court of Canada heard two landmark cases on this important issue in R v. Mabior and R v. DC. The Court’s decisions in these two appeal cases will have profound implications not only for people living with HIV, but also for Canadian public health, police practice and the criminal justice system. A webcast of the hearing is available on the Supreme Court of Canada website.

Please read our key documents for more information on the Supreme Court cases and the criminalization of HIV non-disclosure in Canada and abroad. You can also support the movement to end the injustice by staying informed.

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Key Documents

• Briefing Note: Criminalizing non-disclosure of HIV status
  Background information on the current situation in Canada — drafted by the Ontario Working Group on Criminal Law and HIV Exposure (CLHE). (January 2012)
  
  
• Criminal prosecutions for HIV non-disclosure: two cases before the Supreme Court of Canada
  Backgrounder on the facts of R v Mabior and R v D.C., including information on the position being advanced by the Legal Network and several other organizations as interveners in these landmark cases. (January 2012)
  
  
• Factum of the Interveners at the Supreme Court of Canada: R v. Mabior and R v. D.C.
  Legal brief submitted to the Supreme Court of Canada by coalition of HIV organizations. (January 2012)
  
  
• Women and the Criminalization of HIV Non-Disclosure
  One in a series of four info sheets on the human rights of women living with or vulnerable to HIV in Canada. (May 2012)
  
  
• HIV non-disclosure and Canadian criminal law: antiretroviral treatment and viral load
  Information on viral load and the legal duty to disclose under current Canadian law. (November 2011)
  
  
• HIV non-disclosure and Canadian criminal law: condom use
  Information on condom use and the legal duty to disclose under current Canadian law. (November 2011)
  
  
• Criminal Law and HIV Non-Disclosure in Canada: Questions and Answers
  General information on the current state of Canadian criminal law with respect to HIV non-disclosure and response to related policy and public health concerns. (August 2011)
  
  
• Criminal Law and HIV
  A series of five info sheets on the criminalization of HIV non-disclosure in Canada. (May 2011)

Additional information on criminalization of HIV non-disclosure.

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Stay Informed

Join our mailing list to receive updates on the Supreme Court of Canada cases and other key criminalization cases as they emerge, both in Canada and around the world. You will also receive notice of actions you can take to help put an end to the unjust criminalization of people living with HIV. 

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