Briefing: the criminalization of HIV non-disclosure in Canada

The criminalization of HIV non-disclosure in Canada: current status and the need for change

This briefing paper describes the current legal landscape of the criminalization of HIV non-disclosure in Canada, why the current use of the criminal law is problematic, and what the Legal Network and its partners have been doing to resist the overly broad use of the criminal law against people living with HIV.

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SECTIONS INCLUDE:

  • A legal obligation to disclose HIV-positive status to a sexual partner
  • What does “realistic possibility” of transmission mean? When is there no legal obligation to disclose?
  • Recent legal and policy developments
  • The science of HIV in the context of the criminal law
  • Why are people charged with aggravated sexual assault for consensual sex?
  • Why is HIV criminalization harmful?
  • International guidance on HIV and the criminal law
  • HIV prosecutions in Canada
  • Community mobilization for change: the Canadian Coalition to Reform HIV Criminalization
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