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 of aggravated sexual assault.

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

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