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 occurs (typically referred to as cases of “exposure”).
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.
Legal information can help you understand the law, but it is general. Legal advice is specifically about your situation and can help you to decide what to do. If you want or need legal advice, you should talk to a lawyer.
This guide was written in March 2024, but the law may change. You can contact a lawyer to get up-to-date legal information and legal advice specific to your situation.