Stop the Criminalization of HIV Non-Disclosure!

Key Documents
Events
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. Please note: A webcast of the Supreme Court hearing is not available due to the publication ban in relation to one of the cases. However, an edited recording of the hearing should be available within a few weeks of the hearing on the Supreme Court of Canada website. We will circulate a link once it is posted.

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.

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)
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.

Events

If you want to learn more about how the criminalization of HIV non-disclosure affects all Canadians, consider attending an event where you can hear from experts and people living with HIV.

OTTAWA:
Criminal Sex? Women, HIV and the Injustice of the Law

Andrew S. Haydon Hall — Council Chambers
110 Laurier Avenue West, Ottawa
Monday, 6 February 2012, 6:30 p.m. – 8:30 p.m.
No registration necessary

Featuring the world premiere of a documentary examining the many impacts of criminalization on women. Expert panel discussion to follow.
TORONTO:

Toronto Day of Action Against the Criminalization of HIV
Church of the Holy Trinity
483 Bay Street, Toronto
Monday, 6 February 2012, 5:30 p.m.
On Facebook

Calls to Action, March to Old City Hall & Street Theatre
MONTRÉAL:
Flash Mob: Criminalization Harms Prevention
Palais de Justice (Provincial Court House)
1 Notre-Dame Street East, Montréal
Tuesday, 7 February 2012, 12:30 p.m.

A demonstration in solidarity against the criminalization of people living with HIV/AIDS.

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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www.aidslaw.ca/
stopcriminalization

February 6, 2012 —
In Advance of Landmark Supreme Court Case, Supporters Worldwide Call on Canada to Stop Criminalizing People Living with HIV
Statement

Mabior and D.C.: Does HIV Non-Disclosure Equal Rape?
Blog post by Richard Elliott and Alison Symington at The Court

Responding to the Criminalization of
HIV Transmission or Exposure

A resource kit to support lawyers in the preparation of their cases, including publications that can ultimately be presented in court.


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Stop the Criminalization of HIV Non-Disclosure! Key Documents Events 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. Please note: A webcast of the Supreme Court hearing is not available due to the publication ban in relation to one of the cases. However, an edited recording of the hearing should be available within a few weeks of the hearing on the Supreme Court of Canada website. We will circulate a link once it is posted. 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. Back to top 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) 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. Back to top Events If you want to learn more about how the criminalization of HIV non-disclosure affects all Canadians, consider attending an event where you can hear from experts and people living with HIV. OTTAWA: Criminal Sex? Women, HIV and the Injustice of the Law Andrew S. Haydon Hall — Council Chambers 110 Laurier Avenue West, Ottawa Monday, 6 February 2012, 6:30 p.m. – 8:30 p.m. No registration necessary Featuring the world premiere of a documentary examining the many impacts of criminalization on women. Expert panel discussion to follow. TORONTO: Toronto Day of Action Against the Criminalization of HIV Church of the Holy Trinity 483 Bay Street, Toronto Monday, 6 February 2012, 5:30 p.m. On Facebook Calls to Action, March to Old City Hall & Street Theatre MONTRÉAL: Flash Mob: Criminalization Harms Prevention Palais de Justice (Provincial Court House) 1 Notre-Dame Street East, Montréal Tuesday, 7 February 2012, 12:30 p.m. A demonstration in solidarity against the criminalization of people living with HIV/AIDS. Back to top 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. Items marked with an asterisk () are required fields.* First Name Last Name Email Address City Country Postal Code/Zip Code Position Organization/Professional Affiliation Submit Button Back to top Find us on: Share this page www.aidslaw.ca/ stopcriminalization February 6, 2012 — In Advance of Landmark Supreme Court Case, Supporters Worldwide Call on Canada to Stop Criminalizing People Living with HIV Statement Mabior and D.C.: Does HIV Non-Disclosure Equal Rape? Blog post by Richard Elliott and Alison Symington at The Court Responding to the Criminalization of HIV Transmission or Exposure A resource kit to support lawyers in the preparation of their cases, including publications that can ultimately be presented in court.
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