In the 1990s people living with HIV in Canada began being criminally prosecuted for not disclosing their status to sexual partners. Many argue that these prosecutions are not based on current evidence and should be rethought to align more closely with public health efforts. However, the legal duty to disclose one’s HIV status, as established in the 1990s and reaffirmed by the Supreme Court in 2012, is still upheld and many people continue to be charged for not disclosing their HIV status or to live in fear of being charged. It is important for people living with HIV and service providers to understand what their rights and responsibilities are with regards to these laws to best protect themselves and those around them.
Many questions may come up for people as they think about the laws around HIV and what they might mean for them. Is not saying anything the same thing as lying about your status? What if I have undetectable viral load? How do I prove that I did disclose my status? The Pacific AIDS Network has brought together a collection of resources – from organizations such as the HIV AIDS Legal Network, the Positive Women’s Network, the Positive Living Society of BC, among many others – that provide up-to-date information to clearly outline the laws in Canada relating to HIV in an effort to support their members and clients navigate the current legal climate.
This online toolkit contains resources for people living with HIV to inform them of their rights and responsibilities as well as support them with disclosure in a variety of situations. You will also find resources tailored to service providers, lawyers, and policy makers that range from scientific briefs, to position pieces, to info sheets. Resources come from a variety of sources including community, legal, and scientific organizations as well as variety of national and international groups interested in HIV and human rights. We have also included a section highlighting some of the most relevant Canadian research on this topic.
We hope you find this resource helpful in your life or in your work. If you would like to recommend resources to be included, please email Andrea Langlois at [email protected]
Thank you to the Vancouver Foundation for financial support for this initiative.
