Wednesday, 10 October 2012

Post #1

The Criminalization of an HIV+ Teen in Edmonton, Alberta


Canada's Youth Criminal Justice Act clearly states:

 "Ban on publication: The Youth Criminal Justice Act does not  allow a youth’s name  or any information that would identify the youth to be given  to the public. This means that a youth’s identity cannot be published or broadcast by the news media. "

The full version of Canada's Youth Criminal Justice Act can be found by following the link below:

The Story:

On August 5th, 2011, the Canadian Broadcasting Company released an article depicting the Edmonton police force's efforts to apprehend an HIV positive 17 year-old female. She was believed to be responsible for the spread of the disease to two men because of her neglecting to disclose her HIV status. The article states that the police force claims to have released the youth's name "on the basis of protecting public safety" (CBC Aug. 2011). Below is a photo of Edmonton's police Chief, Rod Krecht. Even though he may not appreciate such a photo being posted online, I am sure that the consequences of broadcasting the 17 year-old youth's close-up were far greater for her than this photo could ever bring.


Photo retrieved from: http://storage.canoe.ca/v1/dynamic_resize/sws_path/suns-prod images/1297186785674_ORIGINAL.jpg?quality=80&size=650x

While police did go to court and obtain the proper order allowing them to disregard the Youth Criminal Justice Act, questions should still be asked. At the time that the youth's name was released, she was considered innocent, and the order in question expired as soon as she was in custody. And yet, police went on naming her and publishing her photo online, undoubtedly a breach in the law (Edmonton Journal, April 2012).


Problems with wording:


 While Canada's Child Protection Act states that any person under the age of 18 should be considered a child, the CBC titled their article "Edmonton police warn about HIV-positive woman" (my emphasis).  Such wording should be considered problematic, for it suggests that the 17 year-old youth should be held to the adult standards of Canadian law, which are generally  harsher and do not allow for the more empathetic ways of dealing with young offenders. Moreover, the title perpetuates the discourse of young women with sexual agency "getting what they deserve." Upholding such a concept allows for slut shaming and should not be taken lightly, for we have seen the ill-effects of such a discourse in far too many dispossessed youth, suicide attempts, and other unfortunate but preventable consequences.




Shame on you:


 Worse still than the faultily-titled CBC article is the Edmonton police force's deliberate slut shaming of the 17 year-old girl. Such an organization's responsibility is to keep all members of the public safe, including the teen in question. By releasing her name and photo, the police force allowed for the possibility of physical and emotional violence to be carried out by those angry about the transmission of the disease to the two complainants.

 Furthermore, It should be noted that below the original CBC article is a section of  Corrections and Clarifications explaining that the youth was taken into custody and that "Her name and photo have been removed in accordance with legal requirements" (CBC Aug. 2011). In other words, it was illegal to ever release the personal information of the affected youth.


How should it have been handled?


PositiveLivingBC.org sums it up best: "Treating her like a dangerous criminal on the run, rather than a sick, desperate and vulnerable minor, may not have been the most useful or appropriate strategy to dealing with a public health problem. Criminalize the disease, and you only add to the stigma and shame that keep people from disclosing their HIV status in the first place" (10 Aug. 2011). Instead, the provincial government should have exercised their various other available and far less dangerous means of finding the 17 year-old supposed flight risk, not to arrest her, but to help her.
  • To visit Positive Living BC, click the link below:

Image retrieved from: http://studioblanc.com/wp-content/uploads/2011/03/positive-living-banner-760x291.png


The bottom line? 


 There are resources available that the Edmonton police force could have used in finding the teen, who I would assume was extremely afraid. Instead, they chose to publicly shame a troubled 17 year-old girl and put her life in danger. Those who made the decision to release her picture and name, even those who knew it was being discussed, should feel ashamed of their action and inaction, respectively. No child, especially one dealing with a terrifying diagnosis, deserves what she had to endure, even if the crime was in fact committed. 
* * *
Works Cited

Cross, Allison. "HIV-positive Alberta teen charged after alleged unprotected sex - thestar.com." News, Toronto, GTA, Sports, Business, Entertainment, Canada, World, Breaking - thestar.com. N.p., n.d. Web. 11 Oct. 2012. <http://www.thestar.com/news/canada/article/1037612--hiv-positive-alberta-teen-charged-after-alleged-unprotected-sex>.

"Edmonton Police criticized in case of HIV-positive teen - Edmonton - CBC News." CBC.ca - Canadian News Sports Entertainment Kids Docs Radio TV. N.p., n.d. Web. 02 Oct. 2012. <http://www.cbc.ca/news/canada/edmonton/story/2011/08/08/edmonton-police-criticized-hiv-positive-teen.html>.

"Edmonton police warn about HIV-positive woman - Edmonton - CBC News."CBC.ca - Canadian News Sports Entertainment Kids Docs Radio TV. N.p., n.d. Web. 18 Sept. 2012. <http://www.cbc.ca/news/canada/edmonton/story/2011/08/05/police-warrant-hiv.html>.

"Manhunt is no way to deal with HIV-positive minor | POSITIVE LIVING BC."POSITIVE LIVING BC | POSITIVE LIVING BC. N.p., n.d. Web. 20 Sept. 2012. <http://www.positivelivingbc.org/news/110816/manhunt-no-way-deal-hiv-positive-minor>.

"Wanted: Answers from Edmonton’s police service | Edmonton Journal."Opinion - Blogs - Edmonton Journal. N.p., n.d. Web. 02 Oct. 2012. <http://blogs.edmontonjournal.com/2012/04/03/wanted-
answers-from-edmontons-police-service/>.

"Youth Criminal Justice Act Handbook."JohnHoward.ab.ca. N.p., n.d. Web. 18 Sept. 2012. <www.johnhoward.ab.ca/pub/youthcrim/y







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