This is the first known qualitative research study in Canada examining the phenomena of criminal and public health charges for HIV non-disclosure from the perspectives of those who have lived it.
The project examined the experiences of people living with HIV who were charged, prosecuted, or threatened with criminal and public health charges in Canada because they had been alleged to not tell sex partners of their HIV-positive status. The project was conducted between January 2016 to January 2019.
Through our eyes
Photo essay drawing on photographs and narratives created as part of an ongoing community-based photo-voice project visually exploring the gendered dimensions of HIV stigma, disclosure, and criminalization among diverse groups of women and transgender people living with HIV in Vancouver, Canada
HIV disclosure without consent linked to increased risk of verbal and physical violence against women living with HIV in Metro Vancouver, British Columbia
Examines the prevalence and correlates of violence against women living with HIV due to HIV status in Metro Vancouver and examines the particular impact of non-voluntary HIV disclosure. Found that WLWH who had their HIV status disclosed without consent had 5-fold increased risk of experiencing HIV-related violence. Suggests that the criminalisation of HIV non-disclosure may contribute to and reproduce gender-based violence, and raises concern about stigma, discrimination, and women’s confidentiality rights.
Director of Public Prosecutions Act – Directive
Directive to federal prosecutors regarding HIV non-disclosure cases issued by the Attorney General of Canada on December 8, 2018. Reflect the most recent scientific evidence around sexual transmission of HIV, as analysed by Canada Public Health Agency, as well as applicable criminal law as specified by Canada Supreme Court.
Indigenous Communities and HIV disclosure to sexual Partners – Questions and Answers
Provides important information about the law in Canada as it relates to HIV disclosure.
Women and HIV criminalization
This policy brief represents the view, as women living with HIV, of the current state of criminalization of HIV among women in Canada and the United States after reviewing academic and grey literature, statutes and policies and an unpublished survey of membership. ICW-NA members highlighted their concern about stigma and discrimination in the justice system related to HIV non-disclosure.
Positive sexuality: HIV disclosure, gender, violence and the law—A qualitative study
Drawing on a feminist analytical framework and concepts of structural violence, this analysis sought to characterize the negotiation of sexual relationships and HIV disclosure among Women Living with HIV (WLWH) in a criminalized setting. Researchers conducted 64 qualitative interviews with cis and trans WLWH in Vancouver, Canada between 2015 and 2017. Despite frequently being represented as a law that ‘protects’ women, the study findings indicate that the criminalization of HIV non-disclosure constitutes a form of gendered structural violence that exacerbates risk for interpersonal violence among WLWH. In line with recommendations by, the WHO and UNAIDS these findings demonstrate the negative impacts of regulating HIV prevention through the use of criminal law for WLWH.
Bibliography on Criminalization of HIV Non-Disclosure, Exposure, And Transmission
Overview of resources outlining criminal laws and analyses of case laws; empirical research in the US and Canada; legal and public health analyses; guidance, fact sheets and talking points; policy and consensus statements, and other relevant references on criminalization in a North American context.
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.