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.
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.
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.
Twenty scientists from regions across the world developed this Expert Consensus Statement to address the use of HIV science by the criminal justice system.
Respect. Protect. Fulfill. You can help challenge wrongs, advance rights, and transform lives. Denied basic healthcare. Criminalized and vilified for love. Unfairly targeted by police. These abuses, and more, are too often the experience of people living with HIV and of communities affected by HIV. At the HIV Legal Network, our mission has always been […]
In Canada, people living with HIV can be criminalized for not disclosing their status before engaging in a sexual activity where there is a “realistic possibility of HIV transmission.” Although the possibility of HIV transmission when a condom is used ranges from negligible to none, the law remains unsettled about whether condoms are sufficient on […]
Joint press release: HIV, Hepatitis C and Sexually Transmitted and Blood-Borne Infections in Canada: Top Election 2021 Issues Health and human rights groups identify priorities for federal policymakers as people in Canada head to the polls Tuesday, September 14, 2021 – More than 60,000 people are currently living with HIV in Canada, approximately 13% of […]
In advance of the adoption of the List of Issues Prior to Reporting for Canada’s periodic review under the International Covenant on Civil and Political Rights (“ICCPR”), to be held during the 132nd session (28 June to 23 July 2021), the HIV Legal Network would like to provide information to the United Nations (UN) Human […]
Police wield immense power over many marginalized and criminalized communities, who are also disproportionately affected by HIV and/or hepatitis C (HCV). Current movements to reimagine and reduce the role of police and reinvest in community-led initiatives are imperative to promote public health and uphold human rights. At the same time, providing law enforcement with knowledge about […]
This is a policy brief on the specific impact of HIV criminalization in Canada on women and gender-diverse people, including exploring how it contributes to, and manifests as a form of, gender-based violence. The brief identifies legal and policy issues that need to be addressed to reduce HIV criminalization and better protect women against gender-based […]
This written submission complements comments made previously during our participation in two community consultation sessions. In it, we wish to expand upon our overarching submission that the unjustified criminalization of specific populations, and the role of police in enforcing such criminalization, have understandably impeded, and will continue to impede, relationships of trust and cooperation between those communities and police. In […]
This guide is an evidence-based resource to assist journalists in Canada in reporting responsibly and accurately about alleged HIV non-disclosure and resulting criminal cases. People living with HIV in Canada can be prosecuted for “aggravated sexual assault” (one of the most serious charges in the Criminal Code) if they don’t tell their sexual partners, in […]
The following statement is issued jointly by the Canadian HIV/AIDS Legal Network (“Legal Network”), the Coalition des organismes communautaires québécois de lutte contre le sida (COCQ-SIDA), and the HIV & AIDS Legal Clinic Ontario (HALCO). August 7, 2020 — This week, the Ontario Court of Appeal released its decision in R. v N.G., a case […]
In the face of the global COVID-19 pandemic, law- and policymakers are taking and contemplating drastic measures to minimize the spread of the virus. But hasty and broad punitive measures may perversely undermine public health objectives while also violating human rights — so it is essential that any measures be appropriately narrow and comply with […]
The following statement is issued jointly by the Canadian HIV/AIDS Legal Network (“Legal Network”), the Coalition des organismes communautaires québécois de lutte contre le sida (COCQ-SIDA), and the HIV & AIDS Legal Clinic Ontario (HALCO). Comments can be attributed to Richard Elliott, Executive Director, Canadian HIV/AIDS Legal Network. TORONTO, February 12, 2020 — Today, […]
November 28, 2019 — Sunday, December 1 is World AIDS Day, and the Canadian HIV/AIDS Legal Network is calling on the Government of Canada to respond to HIV with a renewed emphasis on human rights and a much-needed infusion of resources. The latest data shows HIV infections are continuing to rise, with a 17.1% increase […]
Our 8th Symposium on HIV, Law and Human Rights was held on June 14th and featured moving stories from people who have experience being criminalized, analysis from scientific experts and others active in the community. Download our report on the event to find out more about what was discussed!
The Legal Network sent the following letter to federal Attorney General and Minister of Justice David Lametti on the subject of HIV criminalization. July 22, 2019 The Hon. David Lametti, Minister of Justice and Attorney General of Canada 180 Wellington St. Office 609 House of Commons Ottawa, Ontario K1A 0A6 Dear Minister: First of […]
This document provides an overview of the current laws and policies governing HIV non-disclosure in Canada. Sections include: A legal obligation to disclose HIV-positive status to a sexual partner in some circumstances What does “realistic possibility” of transmission mean? When is there no legal obligation to disclose? Recent developments in law and policy Federal and […]
For immediate release. Également disponible en français. The following statement is issued by the Canadian HIV/AIDS Legal Network (“Legal Network”). Comments can be attributed to Richard Elliott, Executive Director of the Legal Network. June 17, 2019 — Today the House of Commons Standing Committee of Justice and Human Rights has released its report “The Criminalization […]
People living with HIV in Canada continue to face unjust criminal prosecution and imprisonment for allegedly not disclosing their HIV status to sexual partners. The Canadian HIV/AIDS Legal Network is hosting a full-day symposium in Toronto on HIV criminalization with legal experts, members of parliament, activists and people living with HIV. WHAT: 8th Symposium […]
On April 30, 2019, the Legal Network submitted this brief to the House of Commons Standing Committee on Justice and Human Rights, examining the current state of HIV criminalization in Canada and making recommendations to improve the situation.
Ending unjust HIV prosecutions: Making progress through community advocacy and scientific expertise Click to download this academic poster created for the 28th Annual Canadian Conference on HIV/AIDS Research (2019). This is a great resource for current and concise knowledge on HIV criminalization in Canada.
The Legal Network has submitted this brief to the House of Commons Standing Committee on Health, addressing HIV criminalization, criminalization of sex work, and criminalization of drug possession for personal use.
The following statement is issued by the Canadian HIV/AIDS Legal Network (“Legal Network”). Comments can be attributed to Richard Elliott, Executive Director of the Legal Network. April 23, 2019 — The British Columbia Prosecution Service (BCPS) has issued an updated policy on criminally prosecuting cases of alleged HIV non-disclosure. This policy falls short of […]
Submission to the International Commission of Jurists’ consultation: “Developing principles to address the detrimental impact on health, equality and human rights of criminalization with a focus on select conduct in the areas of sexuality, reproduction, drug use and HIV” February 2019 The Canadian HIV/AIDS Legal Network (“Legal Network”) welcomes this opportunity to make a submission […]
Letter to the Standing Committee on Justice Policy, attention Jocelyn McCauley, Clerk March 6, 2019 As organizations involved in the response to HIV in Ontario, we write to express our concerns with certain provisions in the recently introduced Bill 68 (Comprehensive Ontario Police Services Act, 2019) – and specifically the provisions in Schedule 7 that […]
Submission to the Attorney General of British Columbia January 2019 The Canadian HIV/AIDS Legal Network submits this brief to supplement previous correspondence and submissions to the Honourable David Eby, Attorney General of British Columbia, for the purpose of assisting with the development of a directive from the Attorney General to the British Columbia Prosecution Service […]
December 1, 2018 — Today, on World AIDS Day, federal Attorney General Jody Wilson-Raybould announced a new directive to help limit unjust prosecutions against people living with HIV in Canada. This new directive, which comes after years of advocacy by the Canadian HIV/AIDS Legal Network and many partner organizations, is consistent with Justice Canada’s own […]
With World AIDS Day just days away, over 100 health and human rights organizations are collectively calling on the federal government to take immediate action, in consultation with experts and people living with HIV, to end the overly broad use of the criminal law against people living with HIV.
November 5, 2018 It’s past time for action by the federal government. On World AIDS Day 2016, the federal Justice Minister declared that Canada must address the “overcriminalization of HIV” that contributes to HIV stigma and undermines public health. She also committed to working with the provinces, affected communities and medical professionals to this end. […]
“Dear Minister: Re: Commitment to take action to end “overcriminalization of HIV” in Canada? I write further to our letter of August 3rd and following recent discussions with representatives of your office and of your department regarding measures your government could take to follow through on your previously stated concern about the overly broad use […]
July 25, 2018 Today we welcome an important development in the ongoing fight against HIV criminalization in Canada and around the globe. At the 22nd International AIDS Conference (AIDS 2018), underway this week in Amsterdam, 20 of the world’s leading HIV scientists published a peer-reviewed “Expert Consensus Statement on the Science of HIV in the […]
July 25, 2018 — Today, at the 22nd International AIDS Conference underway in Amsterdam, the Netherlands, 20 eminent world scientists — including two leading Canadian researchers — released a groundbreaking Expert Consensus Statement providing their conclusive opinion on the low-to-no possibility of a person living with HIV transmitting the virus in various situations, including via […]
The Canadian HIV/AIDS Legal Network welcomes this opportunity to provide comments on recommendations that Canada has received during its third Universal Periodic Review (UPR), which took place on May 11, 2018. In this brief, the Legal Network provides comments on priority recommendations that Canada should consider accepting of the 299 recommendations received during the UPR. […]
From June 3-5, 2018 the Canadian HIV/AIDS Legal Network participated in the 48th General Assembly (GA) of the Organization of American States (OAS) held in Washington D.C. Unlike most other OAS GAs, there was no central theme for the this gathering and so many issues were open for discussion. The Legal Network therefore collaborated with other civil society organizations working on similar issues, including LGBTI human rights, sex worker rights, drug use […]
TORONTO June 13, 2018 — Canada (and Ontario) has the dubious distinction of having one of the highest rates of criminalizing people living with HIV in the world. As Pride Toronto marks 35 years of AIDS activism this Pride Month, and with the results of last week’s provincial election creating uncertainty about the future of […]
The Canadian HIV/AIDS Legal Network promotes the human rights of people living with, at risk of or affected by HIV or AIDS, in Canada and internationally, through research and analysis, litigation and other advocacy, public education and community mobilization. Since the 2012 publication of the final report of the Global Commission on HIV and the […]
For 25 years, the Canadian HIV/AIDS Legal Network has been defending and advancing human rights in response to HIV, in Canada and globally. This milestone will be commemorated in Vancouver on Friday, April 27, with a reception attended by former Legal Network board president and current B.C. Attorney General, the Hon. David Eby.
In this brief, the Legal Network provides information about Canada’s implementation of its international human rights obligations as raised in the draft report, organized under subheadings included in the draft report. It expands on issues presented in the Legal Network’s Submission to the United Nations Human Rights Council’s UPR Working Group in advance of the […]
The Canadian HIV/AIDS Legal Network’s strategic plan, Respect, Protect, Fulfill: A Human Rights Response to HIV sets out the goals for the organization over the next five years.
The Canadian HIV/AIDS Legal Network makes this submission to the United Nations Human Rights Council’s Universal Periodic Review (UPR) Working Group in advance of the third review of Canada, to take place in April/May 2018. In this submission, the Legal Network describes four key areas requiring action from the government of Canada to fulfill the […]
Since 2009, the Canadian HIV/AIDS Legal Network has organized a number of symposia on HIV, Law and Human Rights. The issue of criminalization of HIV non-disclosure has been and remains an ongoing issue of concern to people living with HIV, community organizations, service providers and human rights advocates; therefore, it has been the subject of […]
“The Canadian HIV/AIDS Legal Network (“Legal Network”) welcomes this opportunity to provide submissions to the Department of Justice on how the Canadian criminal law should be transformed. “In this submission, the Legal Network sets out its concerns about Canada’s criminal justice system, focusing on (i) the overly broad criminalization of HIV non-disclosure; (ii) the criminalization […]
This fact sheet discusses common questions regarding sex offender registries in Canada in the context of the criminal law and HIV non-disclosure. This is general legal information and not legal advice. If you want legal advice specific to your situation, you should talk to a lawyer.
In consultation with the community, federal and provincial governments must take action to limit HIV criminalization and bring the law in line with international recommendations, science and human rights as outlined in the attached brief.
This guide is for youth between the ages of 15 and 29 and focuses on some of the factors at play when young people living with HIV or hepatitis C (Hep C) are thinking about telling others about their HIV or Hep C status.
As part of an effort to contribute to an informed public dialogue on the issue, this short report provides a snapshot of the temporal and demographic patterns of HIV criminalization in Canada from 1989 to 2016. It also updates information on the outcomes of HIV non-disclosure criminal cases.
“The Canadian HIV/AIDS Legal Network submits this briefing to the United Nations Committee on the Rights of Persons with Disabilities in advance of its review of the periodic report of Canada, held during its 17th session from 20 March to 12 April 2017. “In this submission, the Legal Network sets out some selected concerns about the implementation […]
This is one in a series of four info sheets on the human rights of women living with or vulnerable to HIV in Canada. Please note: this info sheet updates the original, which was published in May 2012.
“On behalf of the Canadian HIV/AIDS Legal Network, I am writing to you because we are deeply concerned about Ontario’s approach to prosecuting allegations of HIV non-disclosure. We request that you immediately undertake the following actions to put an end to unjust and harmful prosecutions of people living with HIV: 1. Impose an immediate moratorium […]
“On behalf of the Canadian Coalition to Reform HIV Criminalization, we would like to thank you for making an important statement on World AIDS Day denouncing the over-criminalization of HIV non-disclosure in Canada.”
TORONTO, December 1, 2016 — The Canadian HIV/AIDS Legal Network and the HIV & AIDS Legal Clinic Ontario (HALCO) welcome today’s statement by Canadian Minister of Justice Jody Wilson-Raybould recognizing the ongoing problem of overly-broad, unjust criminalization of people living with HIV. Today, fittingly for World AIDS Day, the federal government has signaled its intent […]
November 15, 2016 — The Canadian HIV/AIDS Legal Network welcomes Prime Minister Justin Trudeau’s announcement today to appoint a Special Advisor on LGBTQ2 issues who will work with Egale Canada Human Rights Trust and other stakeholders to address the urgent human rights and public health issues outlined in The Just Society Report.
On October 20 and 21, people living with HIV, community workers, lawyers and academics from across the country met in Toronto to officially launch the new Canadian Coalition to Reform HIV Criminalization. The Coalition was founded by a group of Canadians and representatives of Canadian organizations who met at the HIV Is Not A Crime […]
“The Canadian HIV/AIDS Legal Network submits this briefing to the United Nations (UN) Committee on the Elimination of Discrimination against Women in advance of its review of the periodic report of Canada, held during its 65th session from 24 October to 18 November 2016. “In this submission, the Legal Network sets out its concerns about Canada’s […]
While the criminal law is a blunt instrument to deal with complex issues such as disclosure or the root causes for HIV in Indigenous communities, it is the law in Canada, and it is important for you to know about it so you can make informed decisions about your sexual life. This brochure has been […]
This guide is for women, including trans women, who are living with HIV and who experience or are at risk of experiencing violence from their intimate partner. Intimate partner violence can be physical, emotional, psychological or sexual abuse from someone with whom you have or had an intimate relationship. Abuse by an intimate partner is not […]
This Discussion Guide was created for people who want to use the film Consent: HIV non-disclosure and sexual assault law to engage colleagues, clients, students and communities on the use of sexual assault law to criminalize HIV non-disclosure in Canada. It is meant to be used as a companion piece to the film. To watch Consent online, […]
In April 2014, the Canadian HIV/AIDS Legal Network hosted a ground-breaking workshop, Rethinking HIV Non-Disclosure and Sexual Assault: A Feminist Dialogue. Approximately 30 socio-legal scholars, criminologists, lawyers, anti-violence advocates, researchers, graduate students, people living with HIV, and other members of the feminist and HIV communities participated in a series of panels and roundtables. This report […]
November 17, 2015 In a television interview this week, actor Charlie Sheen revealed he is living with HIV, claiming that part of his reason for doing so is to put an end to years of rumours as well as extortion through threats of revealing his status. His revelation has prompted a flurry of media attention […]
May 7, 2015 On April 30, the Canadian HIV/AIDS Legal Network co-hosted this ancillary event at the Annual Canadian Conference on HIV/AIDS Research (CAHR), along with the Canadian Experts on HIV and Transmission Team, and HIV & AIDS Legal Clinic Ontario (HALCO). In 2012, the Supreme Court of Canada took a step in the wrong […]
On December 8, 2014, the Supreme Court of Canada heard R. v. W., an HIV non-disclosure case in which the Canadian HIV/AIDS Legal Network the HIV & AIDS Legal Clinic Ontario (HALCO) and COCQ-SIDA (the provincial network of HIV organizations in Quebec) intervened. In this case, a man living with HIV was appealing his conviction […]
The following op-ed was published in the November 24, 2014 edition of the Winnipeg Free Press. Michael Orsini is director of the Institute of Feminist and Gender Studies and associate professor in the School of Political Studies at the University of Ottawa. Richard Elliott is executive director of the Canadian HIV/AIDS Legal Network. We’ve made great […]
Blog by Cécile Kazatchkine, Senior Policy Analyst The overly broad criminalization of HIV is not a uniquely Canadian problem. In many countries around the world, a person living with HIV can be prosecuted, convicted and sent to prison for not disclosing their status, exposing someone to HIV or transmitting the virus. The situation in Canada is particularly infuriating at this juncture […]
A series of 23 short videos on the criminalization of HIV non-disclosure in Canada, produced in July 2014 by the Canadian HIV/AIDS Legal Network. Cécile Kazatchkine, Senior Policy Analyst at the Canadian HIV/AIDS Legal Network, answers questions for people living with HIV about disclosure and the criminal law in Canada. We recommend that you watch […]
Judging the epidemic has been prepared as a resource to help judges, magistrates, arbitrators and other judicial officers throughout the world adjudicate cases involving HIV-related issues. This handbook may also be used by judicial trainers and ministries of justice to deliver educational programmes to judges and magistrates on legal issues related to HIV and human […]
On October 5, 2012, the Supreme Court of Canada released its decisions in the cases of Mabior and D.C. The Court decided that people living with HIV have a legal duty, under the criminal law, to disclose their HIV-positive status to sexual partners before having sex that poses a “realistic possibility” of HIV transmission. Not […]
On October 5, 2012, the Supreme Court of Canada released important decisions in two cases of HIV non-disclosure; namely, R. v. Mabior and R. v. D.C. Mabior is a man who had sex with several women without disclosing his HIV-positive status. D.C. is a woman who had sex with her abusive former partner once before […]
This Resource Kit is intended to provide both people living with HIV and service providers with useful information and tools to make informed and empowered choices about how to respond to the criminalization of HIV non-disclosure.
This is Section 3 of Responding to the Criminalization of HIV Transmission or Exposure: Resources for lawyers and advocates. Access the full kit at hivlegalnetwork.ca/lawyers-kit. The context of criminal prosecutions related to HIV varies widely from jurisdiction to jurisdiction. This section highlights some important and useful case law internationally, guidelines for prosecutors which limit the […]
This is Section 2 of Responding to the Criminalization of HIV Transmission or Exposure: Resources for lawyers and advocates. Access the full kit at aidslaw.ca/lawyers-kit. This section provides detailed descriptions of the applicable national laws on HIV transmission and/or exposure, key decisions from national courts (some also included below in section 3), as well as […]
This is Section 1 of Responding to the Criminalization of HIV Transmission or Exposure: Resources for lawyers and advocates. Access the full kit at aidslaw.ca/lawyers-kit. Some lawyers and service providers have lots of experience with HIV, while others may not have as much. There are a lot of common misconceptions about HIV — and left […]
This is Section 6 of Responding to the Criminalization of HIV Transmission or Exposure: Resources for lawyers and advocates. Access the full kit at hivlegalnetwork.ca/lawyers-kit. This section provides information about the criminalization of HIV non-disclosure, exposure and/or transmission across the world as well as actions taken to reduce inappropriate use of the criminal law against […]
This is Section 5 of Responding to the Criminalization of HIV Transmission or Exposure: Resources for lawyers and advocates. Access the full kit at aidslaw.ca/lawyers-kit. This section provides international recommendations on the use of criminal law in cases of HIV non-disclosure, transmission and/or exposure. African Commission on Human & People’s Rights, HIV, The Law and Human […]
This is Section 4 of Responding to the Criminalization of HIV Transmission or Exposure: Resources for lawyers and advocates. Access the full kit at aidslaw.ca/lawyers-kit. This section provides a detailed and fully referenced compilation of the latest scientific evidence and materials regarding treatment, per-act risks of HIV transmission and proving actual HIV transmission from one […]
In response to the increasing use of criminal law internationally, as well as to the great need to develop tools for lawyers representing people living with HIV, this resource kit provides both informative documentation to support lawyers in the preparation of their cases and selected publications that can ultimately be presented in court.
