The HIV Legal Network (www.hivlegalnetwork.ca) promotes the human rights of people living with and vulnerable to HIV/AIDS, in Canada and internationally, through research and analysis, advocacy and litigation, public education and community mobilization. The Legal Network is Canada’s leading advocacy organization working on the legal and human rights issues raised by HIV/AIDS.
RESOURCES
HIV non-disclosure and Canadian criminal law: condom use
Publication date: 2011This document will inform you about:when there is a legal duty to disclose HIV-positive status;the current evidence about the risk of HIV transmission with and without condoms;the current state of the law about condom use and HIV disclosure; andwhy people who use...
HIV non-disclosure and Canadian criminal law: antiretroviral treatment and viral load
Publication date: 2011This document will inform you about:when there is a legal duty to disclose HIV-positive status;the current evidence regarding the impact of ARV treatment and viral load on the risk of HIV transmission;the current state of the law regarding viral load and HIV...
Criminal prosecutions for HIV non-disclosure: two cases before the Supreme Court of Canada
Publication date: 2012Update: the Supreme Court of Canada's February 2012 hearing of two appeals about when people living with HIV may be convicted of a crime for not disclosing their HIV status to sexual partners.
Factum of the Interveners at the Supreme Court of Canada: R v. Mabior and R v. D.C.
Publication date: 2012"These appeals raise the question of 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...
Statement to UN Human Rights Council, 19th Session, Thematic Panel Discussion on HIV/AIDS and Human Rights re: criminalization of HIV non-disclosure, exposure and transmission
Publication date: 2012"There are many human rights challenges that must be tackled in order to respond effectively to the ongoing, twinned pandemics of HIV and of HIV-related human rights abuses … we wish to highlight one phenomenon of growing global concern and...
Women and HIV
Publication date: 2012A series of four info sheets on the human rights of women living with or vulnerable to HIV in Canada.
Where reason fears to tread: ongoing HIV ignorance and discrimination in criminal and civil settings in the United States — HIV/AIDS Policy & Law Review 16
Publication date: 2012This article was commissioned in advance of the XIX International AIDS Conference — to be held in July 2012 in the U.S. for the first time since 1990 — to provide an overview of the current disconnect between evidence and law in the U.S. and to discuss how...
Update on two Ontario appeals regarding criminalization of HIV non-disclosure
Publication date: 2012On June 25, the Ontario Court of Appeal decided to postpone hearing appeals in two prosecutions for HIV non-disclosure, R v. M and R v. F, until after the Supreme Court of Canada delivers its decisions in two other cases, R v. Mabior and R v. DC, anticipated later...
HIV non-disclosure and the criminal law: An analysis of two recent decisions of the Supreme Court of Canada
Publication date: 2012On 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...
HIV non-disclosure and criminal law: Implications of recent Supreme Court of Canada decisions for people living with HIV
Publication date: 2012On 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...