This article explores emotional harm in the context of the criminalization of HIV nondisclosure in Canada. With the exception of Matthew Weait in the United Kingdom, few scholars have examined what harm means in cases of HIV nondisclosure. We conceptualize the harm that follows nondisclosure as an affective response to the “HIV positive Other” and argue that law creates a legal norm about what harm is and feels like in cases of HIV nondisclosure when there is no clear consensus about how harm should be defined. Mobilizing the sociology of emotions literature, we contend that criminalizing HIV nondisclosure engages affective, moral, and criminal censure to regulate the behaviours of people living with HIV/AIDS (PLWH), thus reproducing HIV stigma and propagating emotional harm for PLWH. Canada’s response to HIV nondisclosure should instead involve a transformative justice approach that avoids the harm of criminalization and imprisonment while recognizing the emotional harm experienced by complainants.

This article offers a narrative analysis of the two CBC Fifth Estate investigative documentaries about Ashley Smith (“Behind the Wall,” 2010; “Out of Control,” 2010) and juxtaposes the documentary narratives against claims made by feminist criminologists with respect to women’s corrections. Examining the coherent ‘through narrative’ that is constructed in each documentary, we claim that The Fifth Estate uses dominant medicalized conceptualizations of mental illness and mental health treatment to frame the Smith case, leaving questions about the gendered nature of her criminalization, imprisonment and mistreatment unasked. Considering the socio-political context of neoliberal and post-feminist individualism, we argue that The Fifth Estate presents the case in a way that maintains the status quo and may resonate with their national audience, but which also reinforces the pathologization of women prisoners and upholds gendered stereotypes.

This research note begins by situating some of the major areas of inquiry within social-science research on the criminalization of HIV/AIDS non-disclosure. The evolution of the use of this criminal justice measure in the attempt to regulate HIV/AIDS transmission illustrates what has been termed “criminalization creep,” whereby steadily increasing numbers of people are charged with increasingly severe crimes. We outline some of the key and precedent-setting cases in Canadian law in order to explore the problematic of criminalization and suggest avenues for future research on this subject.

Women who are released from prison continue to face challenges stemming from their imprisonment. This article discusses the ways in which the prison and, by extension, the state follow women out of prison into their communities. While the state attempts to ensure “successful reintegration” for ex-prisoners, its policies, which reflect a neoliberal agenda of individual responsibilization, may in fact hinder women's chances of integrating into their communities. The article explores women's experiences of (re)integration through the voices of female ex-prisoners who served long prison terms, their families, and their advocates. The control experienced in prison echoes in women's lives on the outside: they experience dislocation, marginalization, and a need to (re)negotiate their lives. While women may physically leave the prison, the experience remains imprinted on their minds and bodies as the state continues to govern them from a distance, both through the after-effects of imprisonment and through continued surveillance.