Panel--Criminalization of HIV non-disclosure: new development and community responses.

This article provides summaries of the six presentations made during the panel. Stéphanie Claviaz-Loranger gives an overview of the recent developments in Canadian law since R v. Cuerrier.

The impact of incarceration upon adherence to HIV treatment among HIV-positive injection drug users: a qualitative study.

Introduction: HIV-positive injection drug users (IDU) often do not derive the full benefits of highly active antiretroviral therapy (HAART). Among IDU, recent incarceration has been associated with discontinuation of HAART for non-clinical reasons. We sought to qualitatively evaluate experiences with HAART among HIV-positive IDU who had been recently incarcerated within provincial prisons in British Columbia in order to identify factors influencing adherence to treatment.

Federal Court of Appeal examines for first time refugee protection on the basis inadequate health care.

On 10 November 2006, in a precedent-setting case, the Federal Court of Appeal dismissed an application by a Mexican national to remain in Canada as a "person in need of protection" under the Immigration and Refugee Protection Act (IRPA). The principal issue before the Court was whether the IRPA excludes from protection people who face a risk to life if returned to their home country, where the risk arises from the fact the government does not provide affordable medical treatment.

Ontario passes new mandatory blood testing law: a preliminary review.

In December 2006, the Mandatory Blood Testing Act, 2006 passed third reading in the Legislative Assembly of Ontario. When this new Act comes into force, it will replace the existing administrative system for forced blood testing, currently operating under Ontario's public health law. Responsibility for forced blood testing will shift from the Minister of Health and Long-Term Care to the Minister of Community Safety and Corrections.

Public health agency says prison needle exchanges reduce risk, do not threaten safety or security.

In April 2006, the Public Health Agency of Canada (PHAC) provided a report to the Correctional Service of Canada (CSC) regarding the potential risks and benefits of introducing needle exchange programs in Canadian federal prisons (PNEPs). The PHAC report concludes that while definitive data concerning the impact of PNEPs on the transmission of blood-borne pathogens among prisoners does not exist, such programs have resulted in a decrease in behaviours which risk transmission and have not threatened prison safety or security.

Draft evaluation suggests pilot safer tattooing program had potential to reduce disease transmission.

As reported in the last issue of the Review, effective 30 September 2006 the Canadian federal government terminated the pilot safer tattooing initiative which had been operating in six prisons.1 A draft of the evaluation report, obtained under access to information laws, detailed positive outcomes, constraints and enhancements to address implementation issues and cost-effectiveness of the initiative.

Subcommittee fails to recommend legal reforms needed to promote human rights of sex workers.

In December 2006, the House of Commons Subcommittee on Solicitation Laws released its longawaited report on the criminal laws related to prostitution in Canada, entitled The Challenge of Change: A Study of Canada's Criminal Prostitution Laws. The Subcommittee's report fails to call for amendments to the Criminal Code provisions which have been demonstrated to increase the health and safety threats faced by sex workers. The Canadian HIV/AIDS Legal Network and two sex worker organizations, Stella and Maggie's, jointly published an analysis of the report.

U.S.: HIV-positive prospective employee can sue Foreign Service for discrimination.

On 27 June 2006, the U.S. Federal Court of Appeals overturned a lower court ruling and permitted an HIV positive man to sue the Secretary of State for alleged discrimination in hiring.

Another prisoner dies of HIV in a CSC institution--medical parole not considered until too late.

In a 20 July 2006 report, a Québec Coroner criticized Correctional Service Canada's (CSC) handling of a prisoner who died of HIV-related complication while imprisoned. The Coroner recommended that CSC change the way it handles cases of medical parole.

B.C. court gives go-ahead to non-profit needle exchange and drop-in.

In a 15 February 2006 decision, the Supreme Court of British Columbia effectively ordered the City of surrey to licence the surrey HIV/AIDS Centre Society as a medical office. As a result, the Society did not have to submit to city council a community impact statement and study in order to obtain a new licence to operate.