Criminal Law and HIV/AIDS: Final Report

The Final Report and its appendices

  • review the cases of criminal prosecution that have arisen in Canada; the academic commentary; policy recommendations from various groups and organizations; proposed amendments to the Criminal Code; and the comments on the Discussion Paper received at the National Workshop, at the XI International Conference on AIDS, and from other commentators;
  • summarize developments in the area of criminal law and HIV/AIDS in other jurisdictions;
  • examine the arguments in favour and against criminalization of activity that risks transmitting HIV;
  • consider whether measures available under public health legislation offer a preferable alternative to using the criminal law; analyze in detail the various provisions of the Criminal Code that have been used to prosecute people for conduct that transmits or risks transmitting HIV;
  • consider whether the Criminal Code should be amended to create a new offence for HIV transmission or exposure, and if so, how such an amendment might be crafted; and
  • make recommendations for legislators, policymakers, prosecutors and the judiciary.

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