title: Awareness and understanding of HIV non-disclosure case law among people living with HIV who use illicit drugs in a Canadian setting.
abstract: In 2012, the Supreme Court of Canada (SCC) ruled that people living with HIV (PLWH) could face criminal charges if they did not disclose their serostatus before sex posing a "realistic possibility" of HIV transmission. Condom-protected vaginal sex with a low (i.e., <1500copies/mL) HIV viral load (VL) incurs no duty to disclose. Awareness and understanding of this ruling remain uncharacterized, particularly among marginalized PLWH.
  
  
  
  We used data from ACCESS, a community-recruited cohort of PLWH who use illicit drugs in Vancouver. The primary outcome was self-reported awareness of the 2012 SCC ruling, drawn from cross-sectional survey data. Participants aware of the ruling were asked how similar their understanding was to a provided definition. Sources of information from which participants learned about the ruling were determined. Multivariable logistic regression identified factors independently associated with ruling awareness.
  
  
  
  Among 249 participants (39% female), median age was 50 (IQR: 44-55) and 80% had a suppressed HIV VL (<50copies/mL). A minority (112, 45%) of participants reported ruling awareness, and 44 (18%) had a complete understanding of the legal obligation to disclose. Among those aware (n=112), newspapers/media (46%) was the most frequent source from which participants learned about the ruling, with 51% of participants reporting that no healthcare providers had talked to them about the ruling. Ruling awareness was negatively associated with VL suppression (AOR:0.51, 95% CI:0.27,0.97) and positively associated with recent condomless sex vs. no sex (AOR:2.00, 95% CI:1.03,3.92).
  
  
  
  Most participants were not aware of the 2012 SCC ruling, which may place them at risk of prosecution. Discussions about disclosure and the law were lacking in healthcare settings. Advancing education about HIV disclosure and the law is a key priority. The role of healthcare providers in delivering information and support to PLWH in this legal climate should be further explored.
authors.affiliation: Faculty of Health Sciences, Simon Fraser University, Burnaby, Canada; British Columbia Centre for Excellence in HIV/AIDS, St. Paul's Hospital, Vancouver, Canada.
authors.forename: Sophie
authors.initials: S
authors.lastname: Patterson
authors.affiliation: Faculty of Health Sciences, Simon Fraser University, Burnaby, Canada.
authors.forename: Angela
authors.initials: A
authors.lastname: Kaida
authors.affiliation: Faculty of Medicine, University of British Columbia, Vancouver, Canada.
authors.forename: Gina
authors.initials: G
authors.lastname: Ogilvie
authors.affiliation: Faculty of Health Sciences, Simon Fraser University, Burnaby, Canada; British Columbia Centre for Excellence in HIV/AIDS, St. Paul's Hospital, Vancouver, Canada.
authors.forename: Robert
authors.initials: R
authors.lastname: Hogg
authors.affiliation: Faculty of Health Sciences, Simon Fraser University, Burnaby, Canada.
authors.forename: Valerie
authors.initials: V
authors.lastname: Nicholson
authors.affiliation: British Columbia Centre for Excellence in HIV/AIDS, St. Paul's Hospital, Vancouver, Canada.
authors.forename: Sabina
authors.initials: S
authors.lastname: Dobrer
authors.affiliation: Faculty of Health Sciences, Simon Fraser University, Burnaby, Canada; Faculty of Medicine, University of British Columbia, Vancouver, Canada.
authors.forename: Thomas
authors.initials: T
authors.lastname: Kerr
authors.affiliation: Faculty of Health Sciences, Simon Fraser University, Burnaby, Canada; Faculty of Medicine, University of British Columbia, Vancouver, Canada.
authors.forename: Jean
authors.initials: J
authors.lastname: Shoveller
authors.affiliation: Faculty of Health Sciences, Simon Fraser University, Burnaby, Canada; Faculty of Medicine, University of British Columbia, Vancouver, Canada.
authors.forename: Julio
authors.initials: J
authors.lastname: Montaner
authors.affiliation: Faculty of Health Sciences, Simon Fraser University, Burnaby, Canada; Faculty of Medicine, University of British Columbia, Vancouver, Canada. Electronic address: uhri-mjsm@cfenet.ubc.ca.
authors.forename: M-J
authors.initials: MJ
authors.lastname: Milloy
mesh_terms: D000328:Adult; D001364:Awareness; D001955:British Columbia; D002170:Canada; D015331:Cohort Studies; D000066479:Criminal Behavior; D003430:Cross-Sectional Studies; D030881:Disclosure / Q000331:legislation & jurisprudence*; D005260:Female; D015658:HIV Infections / Q000517:prevention & control / Q000523:psychology* / Q000635:transmission; D006801:Humans; D013287:Illicit Drugs; D016015:Logistic Models; D008297:Male; D008875:Middle Aged; D011446:Prospective Studies; D057566:Self Report; D012725:Sexual Behavior / Q000706:statistics & numerical data; D019966:Substance-Related Disorders / Q000453:epidemiology*; D011795:Surveys and Questionnaires
chemical_list: D013287:Illicit Drugs
keywords: Antiretroviral therapy; Canada; Criminalization; HIV; HIV disclosure; Illicit drug use; Supreme Court of Canada