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.
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.
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.
Findings from a survey of people with HIV who use illicit drugs found that most were not aware of the 2012 Supreme Court ruling, which may place them at risk of prosecution. Discussions about disclosure and the law were lacking in healthcare settings.
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.
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.
Explores mainstream Canadian newspaper coverage of HIV non-disclosure criminal cases in Canada, finding those newspapers are a source of profoundly stigmatizing representations of African, Caribbean and Black men living with HIV.
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.
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+)
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,