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.
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.
‘Callous, Cold and Deliberately Duplicitous’: Racialization, Immigration and the Representation of HIV Criminalization in Canadian Mainstream Newspapers
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.
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,
Privacy and Disclosure for Youth Living with HIV or Hep C: Questions and Answers
This guide for youth between the ages of 15 and 29 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. Includes section on reducing the risk of criminal prosecution for non-disclosure to sexual partners.
Factum of the Interveners at the Supreme Court of Canada: R v. Mabior and R v. D.C.
Questions whether the offence of aggravated sexual assault can and should be established for HIV non-disclosure in circumstances where, in the Interveners’ submission, there is no “significant risk” of transmission because of factors that dramatically reduce that risk, such as the use of condoms or an undetectable or low viral load
Criminalization of HIV Non-Disclosure in Canada Video Series
Series of 23 short videos on different aspects of criminalization of HIV non-disclosure in Canada. Topics include: What is criminalization of HIV disclosure?, What should I do if I’m charged?, Why don’t people with HIV always disclose?, and How does Canada’s strict legal stance affect those living with HIV?.
The Public Health Implications of Criminalizing HIV Non-Disclosure, Exposure and Transmission: Report of an International Workshop
Explores key themes from the first international meeting focused on strengthening new empirical research on criminalization. Offers suggestions for future research on the public health implications of criminalizing HIV non-disclosure, exposure and transmission.