Letter to Attorney General of Ontario Yasir Naqvi re: HIV and Criminal Law

“On behalf of the Canadian HIV/AIDS Legal Network, I am writing to you because we are deeply concerned about Ontario’s approach to prosecuting allegations of HIV non-disclosure. We request that you immediately undertake the following actions to put an end to unjust and harmful prosecutions of people living with HIV:

1. Impose an immediate moratorium on all HIV non-disclosure prosecutions, unless there is alleged intentional transmission of HIV, while law reform options are being explored and sound prosecutorial guidelines are being developed — in conjunction with the community — to limit the current misuse and overextension of the criminal law.

2. Publicly state that the Ministry of the Attorney General (MAG) is committed to ending the overly broad application of the criminal law in cases of alleged HIV non-disclosure and to reviewing Ontario’s approach to these prosecutions.

3. Engage in meaningful dialogue with the Ontario Working Group on Criminal Law and HIV Exposure (CLHE) as well as people living with HIV and scientific experts when developing prosecutorial guidelines and other responses to this issue.”

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