HIV Criminalization

HIV Criminalization

aidslaw.ca/criminalization

Criminalization | Criminalisation

Overview

In many countries, including Canada, people living with HIV are being convicted of serious criminal offences and sentenced to significant time in prison for not disclosing their HIV status — even when there is no transmission and people have taken highly effective precautions that mean the risk of transmission is exceedingly small. In other cases, people are facing more serious, discriminatory charges simply because they have HIV — even when there is no risk of transmission.

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These misuses of the criminal law are often done in the name of public health. Yet there’s no good evidence that the criminalization of HIV non-disclosure and of people living with HIV is effective at preventing HIV transmission. In fact, HIV criminalization:

  • undermines effective public health initiatives, such as HIV testing, counselling and support, and partner notification;
  • creates a false sense of security that the law can and will protect people from HIV infection;
  • contradicts the message that every person is responsible for their own sexual health; and
  • leads to human rights abuses by increasing the stigma and discrimination faced by people living with HIV.

We’re working to limit the negative consequences of HIV criminalization by:

  • intervening in proceedings before Canadian courts and providing support to defence attorneys and people living with HIV;
  • engaging relevant policy-makers in developing evidence-informed guidance for police and prosecutors;
  • helping community-based HIV organizations to understand the legal landscape; and
  • providing comment and assistance to journalists reporting on this issue.

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Indigenous Communities and HIV Disclosure to Sexual Partners: Q&A

Indigenous Communities and HIV Disclosure to Sexual Partners

This brochure has been prepared by the Canadian HIV/AIDS Legal Network with the Canadian Aboriginal AIDS Network. It will provide you with important information about the law in Canada as it relates to HIV disclosure.

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lawyers-kit

Responding to the Criminalization of HIV Transmission or Exposure: Resources for lawyers and advocates

This kit provides both informative documentation to support lawyers in the preparation of their cases and selected publications that can ultimately be presented in court.

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document-green

Canadian consensus statement on HIV and its transmission in the context of criminal law

A team of six Canadian medical experts on HIV and transmission led the development of a consensus statement on HIV sexual transmission.

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Indigenous Communities and HIV Disclosure to Sexual Partners: Questions and Answers

While the criminal law is a blunt instrument to deal with complex issues such as disclosure or the root causes for HIV in Indigenous communities, it is the law in Canada, and it is important for you to know about it so you can make informed decisions about your sexual life. This brochure has been […]

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Turning Point: Annual Report 2015–2016

Highlights of our work in Canada and around the world from April 1, 2015, to March 31, 2016.

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Women living with HIV and intimate partner violence: Questions & Answers

This guide is for women, including trans women, who are living with HIV and who experience or are at risk of experiencing violence from their intimate partner. Intimate partner violence can be physical, emotional, psychological or sexual abuse from someone with whom you have or had an intimate relationship. Abuse by an intimate partner is not […]

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Consent: Community engagement discussion guide

This Discussion Guide was created for people who want to use the film Consent: HIV non-disclosure and sexual assault law to engage colleagues, clients, students and communities on the use of sexual assault law to criminalize HIV non-disclosure in Canada. It is meant to be used as a companion piece to the film. To watch Consent online, […]

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What Does Consent Really Mean? Rethinking HIV non-disclosure and sexual assault law

In April 2014, the Canadian HIV/AIDS Legal Network hosted a ground-breaking workshop, Rethinking HIV Non-Disclosure and Sexual Assault: A Feminist Dialogue. Approximately 30 socio-legal scholars, criminologists, lawyers, anti-violence advocates, researchers, graduate students, people living with HIV, and other members of the feminist and HIV communities participated in a series of panels and roundtables. This report […]

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HIV stigma and Charlie Sheen’s outing: things to remember

November 17, 2015 In a television interview this week, actor Charlie Sheen revealed he is living with HIV, claiming that part of his reason for doing so is to put an end to years of rumours as well as extortion through threats of revealing his status. His revelation has prompted a flurry of media attention […]

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HIV Disclosure to Sexual Partners: Questions and answers for newcomers

This brochure — in five languages — will help newcomers to Canada make informed decisions about disclosing to sexual partners. 

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Consent: HIV Non-Disclosure and Sexual Assault Law

A new documentary film on HIV non-disclosure and sexual assault law — produced by the Canadian HIV/AIDS Legal Network and Goldelox Productions

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Bringing Science to Justice: Beyond the Canadian Consensus Statement on HIV and its Transmission in the Context of Criminal Law

May 7, 2015 On April 30, the Canadian HIV/AIDS Legal Network co-hosted this ancillary event at the Annual Canadian Conference on HIV/AIDS Research (CAHR), along with the Canadian Experts on HIV and Transmission Team, and HIV & AIDS Legal Clinic Ontario (HALCO). In 2012, the Supreme Court of Canada took a step in the wrong […]

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R. v. W.: HIV non-disclosure back at the Supreme Court — but with a twist

On December 8, 2014, the Supreme Court of Canada heard R. v. W., an HIV non-disclosure case in which the Canadian HIV/AIDS Legal Network the HIV & AIDS Legal Clinic Ontario (HALCO) and COCQ-SIDA (the provincial network of HIV organizations in Quebec) intervened. In this case, a man living with HIV was appealing his conviction […]

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Punishing condition: Richard Elliott and Michael Orsini on why the criminalization of HIV non-disclosure is a step backwards

The following op-ed was published in the November 24, 2014 edition of the Winnipeg Free Press. Michael Orsini is director of the Institute of Feminist and Gender Studies and associate professor in the School of Political Studies at the University of Ottawa. Richard Elliott is executive director of the Canadian HIV/AIDS Legal Network. We’ve made great […]

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Stay informed: The Legal Network’s new resources on criminalization of HIV non-disclosure

Blog by Cécile Kazatchkine, Senior Policy Analyst The overly broad criminalization of HIV is not a uniquely Canadian problem. In many countries around the world, a person living with HIV can be prosecuted, convicted and sent to prison for not disclosing their status, exposing someone to HIV or transmitting the virus. The situation in Canada is particularly infuriating at this juncture […]

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Criminal Law & HIV Non-Disclosure in Canada

This is a series of three info sheets on the criminalization of HIV non-disclosure in Canada: The obligation to disclose HIV-positive status under Canadian criminal law The criminalization of HIV non-disclosure in Canada and internationally Criminalization, public policy and community responses

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Sex, criminal law and HIV non-disclosure (video)

This short, two-part video series addresses the urgent, pressing legal issue of criminalization of HIV non-disclosure in Canada,

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Criminalization of HIV Non-Disclosure in Canada (webinar)

A series of 23 short videos on the criminalization of HIV non-disclosure in Canada, produced in July 2014 by the Canadian HIV/AIDS Legal Network. Cécile Kazatchkine, Senior Policy Analyst at the Canadian HIV/AIDS Legal Network, answers questions for people living with HIV about disclosure and the criminal law in Canada. We recommend that you watch […]

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Judging the epidemic: A judicial handbook on HIV, human rights and the law

Judging the epidemic has been prepared as a resource to help judges, magistrates, arbitrators and other judicial officers throughout the world adjudicate cases involving HIV-related issues. This handbook may also be used by judicial trainers and ministries of justice to deliver educational programmes to judges and magistrates on legal issues related to HIV and human […]

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HIV non-disclosure and criminal law: Implications of recent Supreme Court of Canada decisions for people living with HIV

On October 5, 2012, the Supreme Court of Canada released its decisions in the cases of Mabior and D.C. The Court decided that people living with HIV have a legal duty, under the criminal law, to disclose their HIV-positive status to sexual partners before having sex that poses a “realistic possibility” of HIV transmission. Not […]

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HIV non-disclosure and the criminal law: A summary of two recent decisions of the Supreme Court of Canada

On October 5, 2012, the Supreme Court of Canada released important decisions in two cases of HIV non-disclosure; namely, R. v. Mabior and R. v. D.C. Mabior is a man who had sex with several women without disclosing his HIV-positive status. D.C. is a woman who had sex with her abusive former partner once before […]

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HIV Disclosure and the Law: A Resource Kit for Service Providers

This Resource Kit is intended to provide both people living with HIV and service providers with useful information and tools to make informed and empowered choices about how to respond to the criminalization of HIV non-disclosure.

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Women and HIV – “Women and the Criminalization of HIV Non-Disclosure”

This is one in a series of four info sheets on the human rights of women living with or vulnerable to HIV in Canada.

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Section 3: Useful case law and guidance (international) (Lawyers’ Resource Kit)

This is Section 3 of Responding to the Criminalization of HIV Transmission or Exposure: Resources for lawyers and advocates. Access the full kit at aidslaw.ca/lawyers-kit. The context of criminal prosecutions related to HIV varies widely from jurisdiction to jurisdiction. This section highlights some important and useful case law internationally, guidelines for prosecutors which limit the […]

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Section 2: Learning about the law (Canada and other countries) (Lawyers’ Resource Kit)

This is Section 2 of Responding to the Criminalization of HIV Transmission or Exposure: Resources for lawyers and advocates. Access the full kit at aidslaw.ca/lawyers-kit. This section provides detailed descriptions of the applicable national laws on HIV transmission and/or exposure, key decisions from national courts (some also included below in section 3), as well as […]

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Section 1: Understanding your client and your case (Lawyers’ Resource Kit)

This is Section 1 of Responding to the Criminalization of HIV Transmission or Exposure: Resources for lawyers and advocates. Access the full kit at aidslaw.ca/lawyers-kit. Some lawyers and service providers have lots of experience with HIV, while others may not have as much. There are a lot of common misconceptions about HIV — and left […]

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Section 6: The case against overcriminalization (Lawyers’ Resource Kit)

This is Section 6 of Responding to the Criminalization of HIV Transmission or Exposure: Resources for lawyers and advocates. Access the full kit at aidslaw.ca/lawyers-kit. This section provides information about the criminalization of HIV non-disclosure, exposure and/or transmission across the world as well as actions taken to reduce inappropriate use of the criminal law against […]

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Section 5: International recommendations (Lawyers’ Resource Kit)

This is Section 5 of Responding to the Criminalization of HIV Transmission or Exposure: Resources for lawyers and advocates. Access the full kit at aidslaw.ca/lawyers-kit. This section provides international recommendations on the use of criminal law in cases of HIV non-disclosure, transmission and/or exposure. UN Committee on Economic, Social and Cultural Rights, General comment No. […]

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Section 4: Understanding the science (Lawyers’ Resource Kit)

This is Section 4 of Responding to the Criminalization of HIV Transmission or Exposure: Resources for lawyers and advocates. Access the full kit at aidslaw.ca/lawyers-kit. This section provides a detailed and fully referenced compilation of the latest scientific evidence and materials regarding treatment, per-act risks of HIV transmission and proving actual HIV transmission from one […]

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Responding to the Criminalization of HIV Transmission or Exposure: Resources for lawyers and advocates

In response to the increasing use of criminal law internationally, as well as to the great need to develop tools for lawyers representing people living with HIV, this resource kit provides both informative documentation to support lawyers in the preparation of their cases and selected publications that can ultimately be presented in court.

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