HIV non-disclosure and criminal law: Implications of recent Supreme Court of Canada decisions for people living with HIV

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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 document explains what the Court’s decisions mean for people living with HIV, although many questions remain.

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