The Criminalization of HIV/AIDS Transmission Through Sexual Contact in the Canadian Context

Abstract

This paper is not intended to present a ‘shock and awe’ reflection the criminalization of the transmission of HIV/AIDS through sexual contact in Canada, rather the objective is to present you, the reader, be you an academic, legal scholar, advocate or everyday concerned citizen HIV positive or negative, with a clear, logical, albeit brief, pragmatic introduction into the arguments surrounding criminalization and why it is not the best legal and/or public health approach to preventing the transmission of HIV/AIDS through sexual contact. To begin, a brief overview of the current Canadian laws being used to prosecute the transmission of HIV/AIDS will be presented, followed by objectives of sentencing and the various legal arguments often referred to justify to criminalization. Next, arguments against criminalization, from both the public health and legalistic perspective, will be presented. In closing, alternatives to criminalization will be suggested.