Annotation:
This report includes a section analyzing whether a women's right to consent to and refuse medical treatment can be overridden to protect the health of her fetus. Through an examination of case law and the Canadian Charter of Rights and Freedoms, the authors argue that a government-initiated mandatory HIV testing policy would give rise to constitutional challenges. The authors focus primarily on section 8 of the Charter (right to be secure against unreasonable search or seizure) and maintain that a seizure of a woman's blood sample would not likely be considered reasonable, nor would infringement of the right be justified in a free and democratic society. The authors also discuss the constitutionality of replacing a policy of informed consent with one that automatically tests women unless they explicitly refuse. They argue that such a policy would likely violate section 7 (right to life, liberty and security of the person). The report includes recommendations as well as an appendix with information about testing policies across Canada. [Descriptors: Reproductive Rights - HIV/AIDS, Canada]