Criminal Law & HIV Non-Disclosure in Canada
ثبت نشده
چکیده
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 possibility.”
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...
متن کاملEnding overly broad HIV criminalization: Canadian scientists and clinicians stand for justice
In Canada, people living with HIV who do not disclose their HIV status prior to sexual acts risk prosecution for aggravated sexual assault even if they have sex with a condom or while having a low (or undetectable) viral load, they had no intent to transmit HIV, and no transmission occurred. In 2013, six distinguished Canadian HIV scientists and clinicians took ground-breaking action to advance...
متن کاملCriminal law and HIV non-disclosure.
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...
متن کاملThe problem of "significant risk": exploring the public health impact of criminalizing HIV non-disclosure.
Using criminal law powers to respond to people living with HIV (PHAs) who expose sexual partners to HIV or transmit the virus to them is a prominent global HIV public policy issue. While there are widespread concerns about the public health impact of HIV-related criminalization, the social science literature on the topic is limited. This article responds to that gap in knowledge by reporting on...
متن کاملA tale of two cases: urging caution in the prosecution of HIV non-disclosure.
Two provincial Courts of Appeal have recently released unanimous decisions that clarify the law regarding the obligation imposed upon people living with HIV to disclose their HIV status prior to sexual relations. The decision of the Manitoba Court of Appeal in R v. Mabior and of the Quebec Court of Appeal in R c. D.C. must be seen against a background of increasing criminal prosecutions in Cana...
متن کامل