HIV non-disclosure and the criminal law: An analysis of two recent decisions of the Supreme Court of Canada

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On October 5, 2012, the Supreme Court of Canada released its decisions in the cases of Mabior and D.C. The Court decided that people living with HIV have a legal duty, under the criminal law, to disclose their HIV-positive status to sexual partners before having sex that poses a "realistic possibility" of HIV transmission. Not disclosing in such circumstances means a person could be convicted of aggravated sexual assault.

This is a full analysis; a summary of the decisions is also available.

Contributing Organization:
HIV Legal Network
Contact person:
Terry Gould
Publication Date:
2012
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Record last updated:
Fri, 14/05/2021 - 16:00