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“Lock This Whore Up”: Legal Violence and Flows of Information Precipitating Personal Violence against People Criminalised for HIV-Related Crimes in Canada

  • Alexander MCCLELLAND

Abstract

This article examines the convergence of myriad forms of information on people who come to be targets of state and public control due to the perceived risk they present through having been alleged to have not disclosed their HIV-positive status to sex partners. Attending to the material, violent impacts of criminalisation – violence, both legal and extralegal – this article outlines how punishment is enhanced and amplified through the flow of information. Focusing on the material impacts of flows of information about the daily lives of people who face criminalisation moves analysis beyond solely a theoretical object of inquiry and helps to frame an understand that the effects of big data operate not just “within” big data surveillance, but also “beyond” big data surveillance.

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Copyright

Footnotes

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Centre for Interdisciplinary Studies in Society and Culture, Concordia University, Montreal, Canada.

Footnotes

References

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1 Dayan, C, The Law is a White Dog: How Legal Rituals Make and Unmake Persons (Princeton University Press 2011) .

2 Loufty, M et alCanadian Consensus Statement on HIV and its Transmission in the Context of Criminal Law” (2014) Canadian Journal of Infectious Diseases and Medical Microbiology 135 .

3 Department of Justice, “Minister Wilson-Raybould Issues Statement on World AIDS Day” (1 December 2016), available at <www.marketwired.com/press-release/minister-wilson-raybould-issues-statement-on-world-aids-day-2180250.htm> accessed 1 April 2019.

4 Rose, N and Valverde, M, “Governed by law?” (1998) Social and Legal Studies 569, 545 .

5 Public Health Agency of Canada, “Summary: Estimates of HIV Incidence, Prevalence and Proportion Undiagnosed in Canada, 2014” (Surveillance and Epidemiology Division, Public Health Agency of Canada 2015).

6 C Hastings et al, “HIV Criminalisation in Canada: Key Trends and Patterns” (Canadian HIV/AIDS Legal Network 2017).

7 ibid.

8 E Mykhalovskiy et al, “‘Callous, Cold and Deliberately Duplicitous’: Racialization, Immigration and the Representation of HIV Criminalisation in Canadian Mainstream Newspapers” (CIHR Centre for Social Research in HIV Prevention 2016).

9 R v Mabior 2012 SCC 47 and R v DC 2012 SCC 48.

10 R v Mabior, supra, note 9 and R v DC, supra, note 9.

11 W Benjamin, A Critique of Violence (1921).

12 H Arendt, On Violence (1969) p 54.

13 Dayan, C, The Law is a White Dog: How Legal Rituals Make and Unmake Persons (Princeton University Press 2011) pp xii .

14 Esposito, R, “The Dispositif of the Person” (2012) 8(1) Law, Culture and the Humanities 17 .

15 ibid, p 24.

16 Moore, D, “The benevolent watch: therapeutic surveillance in drug treatment court” (2011) 15(3) Theoretical Criminology 255 .

17 ibid, p 265.

18 Haggerty, K and Ericson, R, “The surveillant assemblage” (2003) 51(4) British Journal of Sociology 605 .

19 Sayer, A, Method in Social Science: A Realist Approach (Routledge 2009) .

20 Smith, D, Institutional Ethnography: A Sociology for People (AltaMira Press 2005) .

21 Namaste, V et al, HIV Prevention and Bisexual Realities (University of Toronto Press 2012) .

22 Reinharz, S, Feminist Methods in Social Research (Oxford University Press 1992) pp 1845 .

23 All names are pseudonyms.

24 K Conner, “Woman with HIV gets house arrest: Didn’t disclose her status to sex partner” Sun Media (20 November 2009); B Powell, “Woman with HIV charged after sex” Toronto Star (23 March 2007) B.4.

25 For example, see Kerr, L, “The origins of unlawful prison policies” (2015) 4(1) Canadian Journal of Human Rights, and Deshman, A, “Set Up to Fail: Bail and the Revolving Door of Pre-trial Detention” (Canadian Civil Liberties Association and Education Trust 2014) .

26 Esposito, supra, note 14, p 24.

27 Moore, supra, note 16.

28 Spina, A, “Risk Regulation of Big Data: Has the Time Arrived for a Paradigm Shift in EU Data Protection Law?” (2014) 5(2) EJRR 248 .

29 Simões, F, “Paternalism and Health Law: Legal Promotion of a Healthy Lifestyle” (2013) 4(3) EJRR 347 .

* Centre for Interdisciplinary Studies in Society and Culture, Concordia University, Montreal, Canada.

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“Lock This Whore Up”: Legal Violence and Flows of Information Precipitating Personal Violence against People Criminalised for HIV-Related Crimes in Canada

  • Alexander MCCLELLAND

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