Please note that the sections of this document that describe the current state of the criminal law as it relates to HIV non-disclosure do not take into account the recent Supreme Court of Canada decisions in R. v. Mabior and R. v. D.C. We are presently working to update all our resources in accordance with these decisions.
Under Canadian law, a person living with HIV may be guilty of a crime for not disclosing his or her HIV-positive status before engaging in certain activities. This Q&A document provides general information regarding the current state of Canadian criminal law with respect to HIV non-disclosure, and responds to related policy and public health concerns.