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.
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 proper counsel.
Policy & Practice Toolkit for Ontario AIDS Service Organizations on Clients’ HIV Disclosure Decisions and Process: This resource aims to support community-based HIV organizations to develop policies and practices that help people living with HIV to control and navigate HIV disclosure decisions and actions.
Criminalization of HIV non-disclosure: Key Points. This CATIE document presents a summary of key points around Criminalization of HIV non-disclosure taken from “HIV in Canada: A primer for service providers.”
Legal and clinical implications of HIV non-disclosure: A practical guide for HIV nurses in Canada. A guide, developed by the Canadian Association of Nurses in AIDS Care (CANOC) & CATIE, that discusses the complexities faced by nurses and other service providers working with people living with HIV.
How health care and social service providers can support positive people. This guide, produced by the Positive Women’s Network, is designed to help health and service providers to support women who are thinking about disclosing their HIV status.