Publication Language: French
Criminal prosecutions for HIV non-disclosure: two cases before the Supreme Court of Canada
Update: the Supreme Court of Canada’s February 2012 hearing of two appeals about when people living with HIV may be convicted of a crime for not disclosing their HIV status to sexual partners.
HIV non-disclosure and Canadian criminal law: condom use
This document will inform you about: when there is a legal duty to disclose HIV-positive status; the current evidence about the risk of HIV transmission with and without condoms; the current state of the law about condom use and HIV disclosure; and why people who use condoms should not be prosecuted for not disclosing HIV-positive … Read more
HIV non-disclosure and Canadian criminal law: antiretroviral treatment and viral load
This document will inform you about: when there is a legal duty to disclose HIV-positive status; the current evidence regarding the impact of ARV treatment and viral load on the risk of HIV transmission; the current state of the law regarding viral load and HIV disclosure; and why people should not be prosecuted or convicted … Read more
Bedford v. Canada: a paradigmatic case toward ensuring the human and health rights of sex workers – HIV/AIDS Policy & Law Review 15(3)
The Criminal Code of Canada prohibits certain aspects of sex work: the keeping of a common bawdy-house, living off the avails of prostitution and communicating for the purposes of prostitution in a public place. These legal constraints impede sex workers’ ability to practise their profession safely and without risk to their bodily integrity; they also … Read more
A tale of two cases: urging caution in the prosecution of HIV non-disclosure – HIV/AIDS Policy & Law Review 15(3)
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. … Read more