Thursday , December 9 2021

The Department of Justice issue new guidelines on prosecution for failure & # 39; disclosure of HIV status


Legal Network The Canadian HIV / AIDS welcomed & # 39; new measures issued by the federal government to restrict what he calls unfair prosecutions & # 39; people with HIV.

Jody Wilson-Raybould, Minister of Justice and attorney general of Canada, issued new directives on Saturday, the 30th anniversary of World Aids Day.

The extra criminalization & # 39; failure & # 39; disclosure of HIV discourage many individuals from being tested and seeking treatment, said in a news release.

The federal Department of Justice has been working with his provincial counterparts from 2016 to again & # 39; elaborate directives prosecute HIV non-disclosure.

The new directives state that m & # 39; there should be a prosecution where the person living with HIV has maintained soppressata viral load (ie under 200 copies of the virus per blood milliliter) as m & # 39; there is no realistic possibility of & # 39; transmission.

"Quite positive", was how Richard Elliott, executive director of the Canadian Network of HIV / AIDS Legal, submitted his response to the announcement.

"We were engaged for many years in & # 39; many forms of & # 39; promotion to try to limit the overly broad use of the criminal law against people living with HIV, so we were very happy today to see that those efforts finally paid and the attorney general issued the directive, "Elliott told CBC Toronto.

In 2012, the Supreme Court of Canada ruled that people with HIV must disclose the status & # 39; their HIV before taking part in & # 39; sexual activity to create a "realistic possibility of & # 39; transmission ". The new directives seek to clarify the law in & # 39; cases where there is no reasonable risk & # 39; transmission.

The Minister of Justice and Attorney General Jody Wilson-Raybould announced new directives related to the prosecution & # 39; & # 39 cases; failure & # 39; HIV disclosure. (CBC News)

The attorney general ordered m & # 39; there should be criminal prosecution where:

  • The person żammetx suppressed viral load, but only used condoms or engaged in & # 39; oral session or was taking treatment as prescribed, unless there are other factors & # 39; risk.
  • non-sexual crimes are more appropriate than sexual offenses since it would be better in line with the individual's situation, such as cases where individual behavior was less clear.
  • If a person living with HIV sought or received services from public health authorities, this should be considered when determining whether the public interest in carrying out criminal charges.

The criminal law will continue to apply to persons living with HIV if they disclose, misleading or wrong, status & # 39; their HIV before sexual activity that creates realistic possibility of & # 39; transmission & # 39; HIV.

Wilson-Raybould said that the new directives are in line with the latest scientific evidence on the risks & # 39; sexual transmission of HIV.

"The Our criminal justice system must be responsive to current knowledge, including work on the most recent medical science on HIV transmission", she said.

She appealed to the changes as "an important step & # 39; the lead in reducing stigmatization of Canadians living with HIV."

"Directive can & # 39; and should go further & # 39; hereinafter"

The Community organizations have been friendly alternative to criminal prosecution, said Elliott.

"The directive can & # 39; and should go further & # 39; forward", he said, but it is very pleased that the attorney general sky & # 39 ;.

"She heard the community, heard legal experts, hearing people who were living with HIV, is heard to scientists and invited her to be more restricted prosecutors to pursue criminal prosecutions."

Elliott said that in & # 39; terms & # 39; the immediate application of the directives, people in & # 39; Nunavut, in the Northwest Territories and Yukon benefit because they fall under federal jurisdiction.

He said in 10 provinces, which is where the majority of Canadians, including those living with HIV actually reside, are the provincial governments and the general provincial lawyers and lawyers of their crown they responsible for prosecution & # 39; crime & # 39; criminal code.

Establishing the bar, f & # 39; a certain sense, for which provincial lawyers are generalists do.– Richard Elliott

"For such a directive to Crown prosecutors are applicable in the provinces, to be adopted by general provincial lawyers. But down the bar, f & # 39; a certain sense, for what generalists provincial lawyers are doing and sets in & # 39; a place that no attorney general of the province was not yet ready to prove it. "

In 2017, Ontario announced that m & # 39; longer proceed with & # 39 criminal way to positive people for HIV to disclose their status to sexual partners if there is no realistic possibility of & # 39; transmission. (Mary Altaffer / Associated Press)

On the World Day & # 39; Aids in 2017, the government & # 39; Ontario announced that no longer proceed with & # 39 criminal manner to HIV positive people do not disclose their status to sexual partners if there is no realistic possibility of & # 39; transmission.

The announcement came after the federal government published a study stating that the bar for someone not to disclose the status & # 39; their HIV to be charged with & # 39; crime needs to catch up with science.

The study of the Department of Justice brought together scientific evidence and actual HIV prevalence in Canada and treatment, and stacked it against the way the criminal justice system dealing with cases & # 39; people who do not disclose their HIV status before entering into & # 39; sexual activity.

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