NCJ Number
173895
Date Published
1997
Length
203 pages
Annotation
The appropriate use of Canada's criminal law in situations in which HIV-positive individuals engage in activities that may transmit AIDS was examined in a two-phase project conducted by the Canadian HIV/AIDS Legal Network and the Canadian AIDS Society.
Abstract
The research focused on cases of criminal prosecution that have arisen in Canada, policy recommendations, proposed amendments to the criminal code, arguments for and against criminalization of activity that risks transmitting HIV, and analysis of actions available under public health legislation. The project also analyzed current criminal code provisions used to prosecute people in relation to this issue and considered whether the criminal laws should be amended to create a new offense for HIV transmission or exposure. The analysis that the criminal law will continue to be used to prosecute some individuals who engage in activity that transmits or risks transmitting HIV, regardless of whether such prosecution is ultimately advisable or justified in all situation. The analysis concluded that criminal sanctions are appropriate in some circumstances. However, it emphasized that cases of deliberate infection or exposure of other persons are rare and that the vast majority of persons living with HIV or AIDS pose no risk of HIV transmission. The analysis concluded that public health measures generally offer a better alternative to criminalization, that the criminal law should be an approach of last resort, and that criminalization would do little or nothing to stem the spread of HIV and would divert attention and resources from policies that make a real difference. Provinces, territories, and the Federal Government should continue focused education, easy access to voluntary testing, support services, and treatment; and action to address the conditions that create people's vulnerability to HIV. Footnotes, appended background information, and reference lists