Overview
People living with HIV are being convicted of serious criminal offences and sentenced to years in prison for not disclosing their HIV status to their sexual partners — even when there is little to no risk of transmission. This misuse of the criminal law is often done in the name of public health. But in reality, 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 precedent-setting cases and providing support to defence attorneys and people living with HIV;
- engaging relevant policy-makers in developing 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.
Know Your Rights: HIV Criminalization
This guide was prepared by the HIV Legal Network to answer some common questions about HIV disclosure and the criminal law in Canada. This guide gives you legal information, not legal advice — the difference between the two is important. Read more
HIV Criminalization – Information for Indigenous Communities
These materials were prepared by the HIV & AIDS Legal Clinic Ontario (HALCO), HIV Legal Network, African Caribbean Council on HIV/ AIDS in Ontario (ACCHO), Africans in Partnership Against AIDS (APAA), and Black Coalition for AIDS Prevention (Black CAP). They will provide you with important information about the law in Canada. If you need legal advice, please contact a lawyer. Read more
HIV Criminalization – Information for African, Caribbean and Black Communities in Canada
These materials were prepared by the HIV & AIDS Legal Clinic Ontario (HALCO), HIV Legal Network, African Caribbean Council on HIV/ AIDS in Ontario (ACCHO), Africans in Partnership Against AIDS (APAA), and Black Coalition for AIDS Prevention (Black CAP). They will provide you with important information about the law in Canada. If you need legal advice, please contact a lawyer. Read more
Videos
HIV criminalization
Consent: HIV non-disclosure and sexual assault law
Positive Women: Exposing Injustice
Learn more:
Not A Crime – Indigenous Perspectives on HIV Criminalization – Margaret Kisikaw Piyesis
Over the next few weeks, we will be sharing conversations we have had in recent months with people from Indigenous communities about the impact of HIV criminalization. In Canada, Indigenous people, especially women and youth, are disproportionately affected by HIV. Even though Indigenous people are only 5% of the total population, studies from 2020 that … Read more
INDIGENOUS COMMUNITY DIALOGUES SUMMARY REPORT – OTHER MAJOR FINDINGS
This summary report presents important findings from six Indigenous community dialogues conducted across Canada from 2023-2025. The dialogues were organized by the HIV Legal Network and CAAN Communities, Alliances & Networks as part of a broader project examining Indigenous Peoples’ lived experiences with HIV, hepatitis C (HCV), and other sexually transmitted and blood-borne infections (STBBIs).
Know Your Rights – HIV Criminalization
When we talk about “HIV criminalization,” we are generally talking about cases where a person who is accused of not disclosing their HIV status to a sex partner is criminally charged. HIV criminalization can happen in cases where it is alleged that HIV was transmitted to the partner, but also in cases where no transmission … Read more
Submission to the United Nations Human Rights Committee: Review of Canada at 145th Session
The HIV Legal Network made this submission to the United Nations (UN) Human Rights Committee (“Committee”) in advance of its review of Canada’s periodic report, detailing our concerns about Canada’s implementation of the International Covenant on Civil and Political Rights (ICCPR). This submission provides information on violations of Articles 2, 3, 6, 7, 9, and … Read more
Securing Rights – 2024/25 Annual Report
We hope you’ll read our 2024-25 annual report — Securing Rights: Using Our Values to Meet the Moment — to find out more about the kind of positive change we’re making and get a glimpse of what we hope to accomplish in 2026.
Statement – Challenging the constitutionality of Canada’s “excessive demand” regime in federal court
The HIV Legal Network and a client of Battista Migration Law Group are challenging the constitutionality of Canada’s “excessive demand” regime in federal court. On February 2, 2024, we filed legal arguments and materials challenging the decision of Immigration, Refugees and Citizenship Canada (IRCC) to deny a work permit based on an applicant’s HIV status. … Read more
MEDIA RELEASE: TODAY MARKS INTERNATIONAL HIV IS NOT A CRIME AWARENESS DAY. PEOPLE LIVING WITH HIV IN CANADA DESERVE BETTER.
TODAY MARKS INTERNATIONAL HIV IS NOT A CRIME AWARENESS DAY. PEOPLE LIVING WITH HIV IN CANADA DESERVE BETTER. The Government of Canada has long promised law reform in this country. Why are we still waiting? For immediate release The following can be attributed to the Canadian Coalition to Reform HIV Criminalization Wednesday, February 28, 2024 … Read more
Canada Must Take a Human Rights-Based Approach to HIV Self-Testing
On International Testing Week, more than 40 organizations from across Canada sign statement of support This statement can be attributed to the HIV Legal Network, HIV & AIDS Legal Clinic Ontario and the Canadian AIDS Society. Toronto, ON (November 23, 2023) – Today, more than 40 health and human rights organizations across the country have … Read more
Summary of R. v. J.A., 2023 ONCA 12
Introduction In January 2023, the Court of Appeal for Ontario released its decision in the case of R. v. J.A., concerning the appeal of a man who had been convicted of two counts of first-degree murder, ten counts of aggravated sexual assault, and one count of attempted aggravated sexual assault in relation to HIV non-disclosure. … Read more
Summary of R. v. J.M., 2022 ONCA 615
In August 2022, the Court of Appeal for Ontario overturned a woman’s conviction for one count of aggravated sexual assault in relation to HIV non-disclosure in the case of R. v. J.M. The initial 2013 conviction stemmed from a single act of condomless vaginal sex that occurred in 2011, at a time when the appellant … Read more