This paper examines briefly the changing conceptions of HIV disease in the Canadian context. Historical reference is made to the increase in state involvement in the field of public health, and to the shift from an emphasis on environmental and behavioural factors to infectious agents as the causes of disease. The role of the state in the prevention of HIV disease is then discussed, with reference to human rights and changing perceptions of the role of the law. The paper then considers a specific issue: the criminal law and the sexual transmission of the virus. The Canadian legislation and case law is compared with the Australian response. It is suggested that the early focus on HIV legal policy in Australia led to a general agreement that the criminal law had a very limited contribution to make in this regard. The paper concludes with comments on the process of legal policy development, rather than specific recommendations for law reform.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.22702 |
| Date | January 1995 |
| Creators | Patterson, David |
| Contributors | Toope, Stephen J. (advisor) |
| Publisher | McGill University |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | English |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Format | application/pdf |
| Coverage | Master of Laws (Institute of Comparative Law.) |
| Rights | All items in eScholarship@McGill are protected by copyright with all rights reserved unless otherwise indicated. |
| Relation | alephsysno: 001453411, proquestno: MM05503, Theses scanned by UMI/ProQuest. |
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