A scan of Canadian reported cases of the criminalization of HIV/AIDS non-disclosure: 1989 to 2024.

Abstract

We explored the criminalization of HIV non-disclosure in Canada to determine how the criminal justice system responded to non-disclosure in light of medical advancements related to transmission. The study included a review of literature, government reports, laws, and policies to reveal numerous prosecutions between 1989 to 2024. We performed a review of 162 reported cases to assess the types of offences and outcomes, prosecution distribution across the country, and accused and complainant characteristics. The literature points out that Canadian courts often overlook medical advancements, disproportionately criminalizing HIV non-disclosure compared to other sexually transmitted infections. Our findings confirmed that, and revealed that over time, public nuisance, sexual, and criminal negligence offences were applied. Accused were predominantly male, Caucasian, and most cases were prosecuted in Ontario and Québec, and accused and complainants were most often known to each other as casual, dating, or in long-term relationships. We argue for the reassessment of the criminalization of HIV non-disclosure, considering Directive 5.12 and Standing Committee’s Report (2019) both of which are a move in the right direction; however, charges continue post 2018, as do the stigmatizing effects of prosecution, and the need for more education and public health interventions.