HIV Criminalization in Canada: Testimonials

Compiled from research interviews conducted by Alexander McClelland, as part of his doctoral research at Concordia University. In order to protect the confidentiality of research participants, these stories are composites and the names are pseudonyms.

Position Statement on Harm Reduction

Acknowledges the harms caused by stigma and criminalisation. In particular, it acknowledges that the harms of criminalisation are borne disproportionally by Indigenous peoples in Canada. The Statement recognises that while people make their own health decisions, these decisions are only one factor influencing health outcomes.

Prevalence and predictors of facing a legal obligation to disclose HIV serostatus to sexual partners among people living with HIV who inject drugs in a Canadian setting:a cross-sectional analysis

Observes that if both condom use and a low viral load are required to avoid criminal liability for HIV nondisclosure, many people living with HIV who inject drugs risk criminal prosecution if they do not disclose their HIV serostatus to sexual partners. Further, the article finds that Canadian law disproportionately impacts the most marginalized and vulnerable women living with HIV in Canada.

HIV Care Nurses’ Knowledge of HIV Criminalization: A Feasibility Study

Identifies knowledge gaps among Canadian and U.S. nurses related to several aspects of HIV-related criminal laws influencing nursing clinical practices. Argues nurses should increase their knowledge of HIV-related criminal laws to ensure the success of population health initiatives and to reduce stigma and discrimination experienced by people living with HIV.

HIV Criminalization in Canada: Key Trends and Patterns

Provides a snapshot of the temporal and demographic patterns of HIV criminalization in Canada from 1989 to 2016, also updating information on the outcomes of criminal cases. Finds people are often convicted in cases involving negligible or no risk of HIV transmission, and that criminal law is increasingly used against people living with HIV from marginalized populations.

Responding to the Criminalization of HIV Transmission or Exposure: Resources for lawyers and advocates

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 kit provides both informative documentation to support lawyers in the preparation of their cases and selected publications that can ultimately be presented in court. Prepared by: Canadian HIV/AIDS Legal Network, AIDES, Groupe sida Genève, Global Network of People Living with HIV (GNP+)

HIV & the Law Toolkit: Research

Provides links to recent research literature about the criminalization of HIV non-disclosure in Canada and recent efforts to set priorities for further research in this area,