This thesis examines the legal complexities surrounding the criminalization of HIV non-disclosure and transmission in Canada, where, by law, an HIV-positive person (PHA) is required to disclose his or her HIV status before engaging in sexual activities where a potential risk of exposure to the virus exists. In analyzing how HIV/AIDS is treated under the criminal code, the thesis will focus on the HIV narrative over the past three decades; the rationale behind HIV criminalization; how media coverage of HIV has incited bouts of moral panic in society; the historical legal framework; the evolution of HIV non-disclosure laws; how past precedents have affected cases heard to date; and, importantly, the role of public health and the consideration of human rights in relation to HIV criminalization.