Public Health Law

“Public Health” is concerned with the health of the community and focuses on three main areas:

  • prevention and health protection: to prevent conditions that could cause risk to the health of the community,
  • screening: to identify health problems in order to respond, and,
  • health promotion: to encourage health in individuals and the community.

In Ontario, Public Health is organized into 36 separate regions, each with their own Public Health Unit.

Public Health in your community is generally the responsibility of your local Public Health Unit.  However, the Government of Canada is also involved with Public Health issues.

Public Health is concerned with HIV/AIDS in all three areas of community health:

  • to prevent people from becoming infected with HIV
  • to screen to identify people who are infected and to ensure that they receive the supports that they need (please see our HIV Testing page for more information)
  • to promote healthy attitudes and behaviours and. Health promotion is focused on encouraging healthy attitudes and behaviours.

Public Health Units are legally responsible for protecting public health by trying to prevent the transmission of various infections, including HIV.

Public Health counsels people about sexual health, safer sex, and HIV and STI prevention.

Public Health has the legal power to issue an Order if they believe that there is a risk someone will pass on HIV or another STI to someone; and that the Order is necessary to decrease or eliminate that risk. The Order will usually tell the person what they must and must not do. If you get a Public Health Order and you want to fight it, you only have 15 days to file an appeal, so you should contact us right away for legal advice.

The Canadian HIV/AIDS Legal Network Criminal Law and HIV info sheet #4 is about Public health interventions and HIV prevention and is available on the Legal Network website: www.aidslaw.ca/publications/publicationsdocEN.php?ref=847

Our HIV disclosure: A legal guide for gay men in Ontario / Dévoilement du VIH: guide d’information sur le droit, pour les hommes gais en Ontario (December 2008) is available in English and French. Please contact us if you would like to order a copy of the Guide. The Lawyer Referral Service referred to in the Guide is now free and is called the Law Society Referral Service.  The Law Society Referral Service telephone numbers are 416-947-3330 or toll-free 1-800-268-8326.

Our Guide is for people in Ontario. CATIE is “Canada’s source for HIV and hepatitis C information”. CATIE produced national versions of the Guide for people in other Canadian provinces and territories:

Getting Legal Help

If you are living with HIV in Ontario, please contact us for free legal advice about Public Health. If you are living in Ontario but you are not living with HIV, you can contact the Ontario Law Society Referral Service for up to 30 minutes of free legal advice from a lawyer:  www.lsuc.on.ca/faq.aspx?id=2147486372