Worksheet & Key Questions

The Canadian Coalition to Reform HIV Criminalization (CCRHC), which officially launched in October 2016, was founded by a group of Canadians and representatives of Canadian organizations compelled to join forces at a national level to progressively reform discriminatory and unjust criminal and public health laws and practices that criminalize and regulate people living with HIV in relation to HIV exposure, transmission and non-disclosure in Canada.

CCRHC is proposing to develop a Community Consensus Statement on actions federal, provincial and territorial governments should take to address the overly broad use of the criminal law in cases of alleged HIV non-disclosure. There are several issues to be addressed in any such statement, including the question of amending the Criminal Code to narrow the scope of HIV criminalization. The Coalition is consulting with people living with HIV, service providers, communities affected by HIV and over-criminalization, scientific experts and others, across the country. This is one opportunity for discussion in that larger process. Please consider the following questions (and other questions you feel are important regarding this topic) and share your views on resisting overly broad HIV criminalization. Before answering the four survey questions that follow, please read this Backgrounder and draft Community Consensus Statement. Click here to read this document. (The document should open in a new tab or window, which you can leave open for easy reference as you answer the survey questions below.)

* 1. In a situation where someone living with HIV doesn’t disclose their status to a sexual partner, is there a role for society to intervene? If so, what are the specific circumstances where intervention might be justified? What kind of intervention is appropriate and why? Is there a role for criminal prosecutions? Why or why not? Are there situations that should clearly be excluded from prosecution?

* 2. Is it appropriate to prosecute non-disclosure of HIV-positive status to a sexual partner as “sexual assault”? Why or why not?

* 3. Campaigning for Parliament to change the Criminal Code might be pursued as part of a strategy to limit overly broad HIV criminalization. Such reforms could limit or even exclude sexual assault charges for HIV non-disclosure. But prosecutors might  then prosecute under other existing crimes in the Criminal Code instead. Changes to those parts of the Code could also be pursued. To appropriately limit criminal prosecutions for HIV non-disclosure against people living with HIV, one option might be to have a specific offence about HIV non-disclosure in the Criminal Code. What do you think of having a specific offence on HIV non-disclosure in the Criminal Code?

* 4. Do you have any specific comments about the draft Community Consensus Statement? Are there any particular points that seem particularly important to include? Any points in the draft you think could or should be removed? Any points that you suggest be added? (Click here to open the document in a separate tab/window so you can re-read it in answering this question.)

* 5. Thanks for taking the time to provide your input to the Coalition.  As this survey is open for anyone to complete, we would like to know a bit more about who we are hearing from.  Your answers are anonymous, and it's up to you whether you provide any of the information below, but we would encourage you to provide the following basic information:

Are you a person living with HIV?

* 6. If you are a person living with HIV, have you ever experienced criminal prosecution for allegedly not disclosing your HIV-positive status?

* 7. Do you work or volunteer with an HIV organization (or an organization that does a substantial amount of work in relation to HIV)?

* 8. What is your self-identified gender (check all that apply)?

* 9. What is your age?

* 10. What is your sexual orientation?

* 11. What is your ethno-racial identity? (Please write in as you define it.)

* 12. Do you identify as someone with current or former experience of any of the following (check all that apply)?

* 13. PLEASE DISREGARD THIS QUESTION (which is same as previous): Do you identify as someone with current or former experience of any of the following (check all that apply)?

T