HIV and the Law Resources

 

What Do You Need to Know? Fact sheet for frontline workers with 2019 update on HIV criminalization in BC

Laws around HIV disclosure are often complicated and can seem confusing. The history of how HIV non-disclosure has been treated in the Canadian legal system is well-documented by the Canadian HIV/AIDS Legal Network. The leadership of the Canadian HIV/AIDS Legal Network on this issue has been, and continues to be, a strong force in Canada.

PAN takes an advocacy role on the decriminalization of HIV, working with the Legal Network, PAN member groups and other allies to address the unjust practices, policies and prosecutions of people living with HIV.

This resource page provides information for service providers, people living with or affected by HIV, advocates, policy makers, and others interested in understanding how HIV is addressed in provincial and federal legal systems. These resources should not be considered as legal advice to be used in individual cases. If you have questions about a specific case, please consult a lawyer.

International Perspectives

Expert Consensus Statement on the Science of HIV in the Context of Criminal Law Twenty scientists from regions across the world developed this Expert Consensus Statement to address the use of HIV science by the criminal justice system. (2018)

Prevention Access Campaign (U=U). Scroll down their page for resources on HIV and Criminalization. Learn more about U=U (Undetectable Equals Untransmittable)

National Perspectives from the Government of Canada

Attorney General of Canada to issue Directive Regarding Prosecutions of HIV Non-Disclosure Cases (2018)
On World AIDS Day 2018, the Honourable Jody Wilson-Raybould, then Minister of Justice and Attorney General of Canada, announced that a directive related to the prosecution of HIV non-disclosure cases under the federal jurisdiction of the Public Prosecution Service of Canada would be issued; The Directive itself followed on December 8, 2018.

The Criminal Justice System’s Response to Non-Disclosure of HIV. (2017) This Department of Justice report explores the question of HIV non-disclosure and the law in various contexts, including public health; medical evidence on treatment effectiveness; HIV transmission risk; and prosecutorial practices and considerations. On its release, the Department of Justice made a statement that includes:

The report … reaffirms that HIV is fundamentally a public health issue. It provides a comprehensive review of the most recent medical science on the risks of HIV transmission through sexual activity and shows how the criminal law deals with cases involving the non-disclosure of HIV-positive status prior to sexual activity…. It informs an evidence-based approach to addressing HIV non-disclosure in the criminal justice system. (Read complete statement)

 

National Perspectives From Advocates

Click the eye to watch CONSENT: HIV non-disclsosure and sexual Assault law A documentary film produced by the Canadian HIV/AIDS Legal Network and Goldelox Productions (2015)

The Canadian HIV/AIDS Legal Network Extensive resources on the history of legal process and HIV in Canada; advocacy campaigns and actions; resources for legal professionals, service providers, and information for people living with HIV.

Canadian Coalition to Reform HIV Criminalization The Canadian Coalition to Reform HIV Criminalization (CCRHC) is a national coalition of people living with HIV, community organizations, lawyers, researchers and others formed in October 2016 to progressively reform discriminatory and unjust criminal and public health laws and practices that criminalize and regulate people living with HIV in relation to HIV exposure, transmission and non-disclosure in Canada.

 

Provincial Perspectives from PAN

2019

What Do You Need to Know? Fact sheet for frontline workers with 2019 update on HIV criminalization in BC
HIV Criminalization Update (August 2019
New Prosecutorial Guidelines Announced (April 2019)
The U = U movement continues to change the global conversation around HIV, stigma, prevention and the law (February 2019)
Update on The Push to End Unjust HIV Prosecutions in BC (January 2019)

2018

The Push to End Unjust HIV Prosecutions in BC (December 2018)
AIDS 2018: Summaries and Impressions (August 2018)
Update on Advocacy Regarding BC’s New Prosecutorial Guidelines (July 2018)
BC’s New Prosecutorial Guidelines on HIV Non-Disclosure Murky and Troublesome (May 2018)

 

BC Prosecution Service Crown Counsel Policy Manual

The Sex-2 Policy in the Crown Counsel Policy Manual is used to guide decisions by prosecutors on whether to lay charges in instances of alleged HIV non-disclosure. If you have questions about an individual case, please consult a lawyer.

 

To suggest edits or additions, please email [email protected].