To: Criminal Justice Branch, Ministry of Justice BC

Stop unjust prosecutions: Support new charge guidelines for HIV non-disclosure

Stop unjust prosecutions: Support new charge guidelines for HIV non-disclosure

The Criminal Justice Branch must consider Positive Living BC's 14 recommendations for the current HIV non-disclosure charge guidelines. The guidelines are inherently discriminatory, the science behind the law is outdated, and they must be changed. People living with HIV deserve a say in their future.

Why is this important?

Right now in BC, around 13,000 people living with HIV are vulnerable to prosecution based on the current charge guidelines surrounding HIV exposure. The science says there is almost no risk of transmitting HIV if you use a condom properly or have undetectable viral load (this is when meds you take fully suppress the virus in your blood). But people living with HIV are being prosecuted for a very serious crime—aggravated sexual assault—even if there’s no chance of their transmitting the virus. This is unjust.

Our 14 Recommendations include:
- Presumption against prosecution when transmission does not occur
- The involvement of the Provincial Medical Officer in all HIV non-disclosure cases
- The inclusion of relevant and up to date medical research surrounding transmission
- Meaningful consultation of persons living with HIV in forming the guidelines

We can’t change the federal law, but we can put guidelines in place that will ensure such unjust prosecutions don’t happen in BC. Help us achieve that.

For more info, please see our executive summary or the full position paper on the need for new HIV non-disclosure charge assessment guidelines

Executive Summary:

Position Paper:

How it will be delivered

Signatures will be presented to the Criminal Justice Branch.

Reasons for signing

  • This is unjust that it is based on stigma rather than science. Fear driven


2016-01-14 09:10:32 -0500

25 signatures reached

2015-06-05 04:35:59 -0400

10 signatures reached