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.
The Criminalization of HIV Non-Disclosure in Canada
This briefing paper describes the current legal landscape of the criminalization of HIV non-disclosure in Canada, why the current use of the criminal law is problematic, and what we've been doing to resist the use of the criminal law against people living with HIV. Read more
Resources for lawyers and advocates: Responding to the Criminalization of HIV Transmission or Exposure
This kit provides both informative documentation to support lawyers in the preparation of their cases and selected publications that can ultimately be presented in court. Read more
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. Read more
Videos
HIV criminalization
Consent: HIV non-disclosure and sexual assault law
Positive Women: Exposing Injustice
Learn more:
Submissions to the UN Committee on the Elimination of Discrimination against Women: Review of Canada at 89th Session (October 7-25, 2024)
Submission on sex work, women who use drugs and gender-based violence, and HIV criminalization. Joint submission with the Canadian Drug Policy Coalition on drug policy and harm reduction, with sections on women and gender-diverse people in relation to (1) gender-based violence; (2) HIV prevention, access to culturally appropriate and gender-sensitive harm reduction services, and drug decriminalization; … Read more
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.
ACB Legal Resources
This brochure was 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). It will provide you with important information about the law in Canada. If you need legal advice, … Read more
Statement: A human rights–based approach to HIV self-testing
HIV self-testing is a powerful tool, particularly if delivered through an approach that meets people where they are. Making self-tests available can promote uptake by offering people privacy, independence, and control as they decide when and where to take an HIV test. By increasing access and empowering individuals, HIV self-testing is an innovative way to … Read more
THE NETWORK: ANNUAL REPORT 2022-2023
To view the 2022-2023 annual report, click here.
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