Criminalized Lives

Canada has been known as a hot spot for HIV criminalization where the act of not disclosing one’s HIV-positive status to sex partners has historically been regarded as a serious criminal offence. Criminalized Lives describes how this approach has disproportionately harmed the poor, Black and Indigenous people, gay men, and women in Canada. In this book, people who have been criminally accused of not disclosing their HIV-positive status, detail the many complexities of disclosure, and the violence that results from being criminalized.

Accompanied by portraits from artist Eric Kostiuk Williams, the profiles examine whether the criminal legal system is really prepared to handle the nuances and ethical dilemmas faced everyday by people living with HIV. By offering personal stories of people who have faced criminalization first-hand, Alexander McClelland questions common assumptions about HIV, the role of punishment, and the violence that results from the criminal legal system’s legacy of categorizing people as either victims or perpetrators.

Note: A regrettable error appears on page 22. The number 240 should be 206 when referring to the number of people prosecuted in relation to allegations of HIV nondisclosure. This will be fixed in future reprints.

ALEXANDER MCCLELLAND is an assistant professor at the Institute of Criminology and Criminal Justice at Carleton University in Ottawa, Canada. He is also a member of the Canadian Coalition to Reform HIV Criminalization.

ERIC KOSTIUK WILLIAMS is a cartoonist and illustrator based in Toronto, Canada. He has several comics publications, including 2AM Eternal and Our Wretched Town Hall.

ROBERT SUTTLE is the chair of The Elizabeth Taylor AIDS Foundation Council of Justice Leaders, co-founded The Sero Project, and was recognized as a 2021 POZ 100 Honoree.