HIV and the Law

HIV & Law

Laws around HIV disclosure are often complicated and may seem confusing. Our HIV and the law resources are aimed at assisting service providers and people living with or affected by HIV in understanding the laws around living with HIV.

On World AIDS Day, December 1, 2017, the Department of Justice released the Criminal Justice System’s Response to Non-Disclosure of HIV. This 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 this statement. It reads, in part:

 

The report, developed in collaboration with the Public Health Agency of Canada, 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.

Once a fatal infection, HIV is now considered to be a manageable condition, thanks to significant medical advances in HIV treatment. Sustained treatment substantially improves quality of life and prevents the transmission of HIV.

The report examines stakeholder perspectives, approaches taken in other countries, public health responses to HIV cases, and criminal justice responses to HIV non-disclosure and draws several conclusions from this overview. Together, it informs an evidence-based approach to addressing HIV non-disclosure in the criminal justice system.

The report will provide valuable assistance to the Minister of Justice as she continues to work with her provincial and territorial counterparts on the way forward. Based on its conclusions and observations, she will be reviewing existing charging and prosecution practices leading to the possible development of prosecutorial guidelines for federal prosecutors. (Read complete statement)

 

Charging practices can differ from province to province, and we don’t know how this report will impact cases moving forward.

The resources that follow below pre-date this report, yet provide important background information on how the law has been applied in HIV non-disclosure cases in Canada. These resources should not be considered as legal advice. If you have questions about a specific case, please consult a lawyer.

The resources found here are tailored to various audiences from people living with HIV, to service providers, lawyers and policy makers. Many of these resources also provide specific information to support people living with HIV in disclosing their status in a variety of scenarios.

 

Learn More:

Criminal Justice System’s Response to Non-Disclosure of HIV- 2017

 

The resources that follow pre-date the report listed above, yet provide important background information on how the law has been applied in HIV non-disclosure cases in Canada. These resources should not be considered as legal advice. If you have questions about a specific case, please consult a lawyer.

Resources for People Living with HIV

Resources for Service Providers

Resources for Legal and Policy Advocacy

Informative Print Media, Videos and Films

Research on Criminalization of HIV Non-Disclosure

 

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

  • All Resources
  • Advocacy and Policy Resource Summaries
  • Community Based Research Resource Summaries
  • Evaluation Resource Summaries
  • Population and Public Health Resource Summaries
  • Training, Conference, and Webinar Resource Summaries
  • Hepatitis C (HCV) is a viral infection just as HIV is a viral infection. Unlike HIV, however, HCV can be treated and cured.  Treatment for HCV is available to anyone living with hepatitis C in BC.   Explore in Detail: Hepatitis C: Epidemiology, testing, treatment, resources HCV Manifesto Hepatitis C Treatment Options Expand in BC

  • The Evaluation News blog covers our work within PAN and with organizations in the community.  Learn about different kinds of evaluation like Realist Evaluation, learn how other organizations are using evaluation approaches, meet evaluators on the job, and find out about how you can help in community evaluation. Explore in detail:  Evaluation News blog Evaluation… Read more »

  • People with HIV can live long and healthy lives if they access to treatment and social support as needed. As people with HIV age, however, complications of aging can compound challenges of living with HIV. Concerns for people with HIV who are aging can include income security, stigma, safe and affordable housing, aging in place,… Read more »

  • Our Fall Conference, AGM, PLHIV Forum and ED Summit gathers people from across the province who share their programs and services, learn about new developments in public health, and help build a vibrant and supportive community. We also offer Regional conferences to customize capacity building-needs for different service areas in BC. After the events, with permission… Read more »

  • We offer our KnowledgeConnect webinars to reach our  member organizations as well as community leaders and stakeholders. Information is available when our viewers have the opportunity to connect. Watch for news on upcoming webinars in the blog. Follow the blog for news on upcoming webinars   Explore webinars by theme: Advocacy, Policy, Public Health Health Determinants… Read more »

  • In April 2016 BC’s Provincial Health Officer Dr. Perry Kendall declared the overdose epidemic in BC a public health emergency.  Despite committed efforts, the epidemic continues, as overdose statistics show.  This has significant impact on first responders, including frontline staff at Pacific AIDS Network (PAN) member and allied organizations, and especially people with lived experience… Read more »

  • In April 2016 BC’s Provincial Health Officer Dr. Perry Kendall declared the overdose epidemic in BC a public health emergency in April 2016.  Despite committed efforts, the epidemic continues, as overdose statistics show.  This has significant impact on first responders, including frontline staff at Pacific AIDS Network (PAN) member and allied organizations, and especially people… Read more »

  • Information about the law and the rights of people with HIV  Having HIV is not a crime, but law can impact heavily on the lives of people with HIV. The Canadian HIV/AIDS Legal Network “is one of the world’s leading organizations tackling the legal and human rights issues related to HIV, and advocating at both… Read more »

  • Evaluation can help guide your organization or group to make decisions about programs, services, research, and more. Participatory research is just what it sounds like- people and communities take part in decision-making about what is evaluated, rather than being told what they “should” evaluate. Community is central to evaluation work and we can help you… Read more »

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