Criminal law and HIV non-disclosure.
نویسندگان
چکیده
In addition, the courts also examine previous court decisions that applied and interpreted the Criminal Code in cases with similar facts and issues as the case at hand. This is called “case law” or “precedent.” Judgments from the Supreme Court of Canada are the most authoritative source of case law. They are binding in every other court in Canada (meaning, subsequent judgments must follow the same rules). Decisions from the provincial/territorial courts of appeal are binding within the lower courts of the same province/territory. But a court of appeal judgment can also have significant influence on other provincial/territorial courts of appeal, even though it is not technically binding.
منابع مشابه
HIV non-disclosure and the criminal law: An analysis of two recent decisions of the Supreme Court of Canada
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 o...
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The legal obligation to disclose was established in the 1990s, but the law became harsher in 2012 when the Supreme Court of Canada decided that people living with HIV must disclose their status before having sex that poses a “realistic possibility of HIV transmission” in R. v. Mabior and R. v. D.C.1 The Supreme Court characterized even very small risks of HIV transmission as “a realistic possib...
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ورودعنوان ژورنال:
- HIV/AIDS policy & law review
دوره 15 3 شماره
صفحات -
تاریخ انتشار 2011