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 … Read more
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 … Read more
On October 5, 2012, the Supreme Court of Canada released important decisions in two cases of HIV non-disclosure; namely, R. v. Mabior and R. v. D.C. Mabior is a man who had sex with several women without disclosing his HIV-positive status. D.C. is a woman who had sex with her abusive former partner once before … Read more
On June 25, the Ontario Court of Appeal decided to postpone hearing appeals in two prosecutions for HIV non-disclosure, R v. M and R v. F, until after the Supreme Court of Canada delivers its decisions in two other cases, R v. Mabior and R v. DC, anticipated later this year.
This Resource Kit is intended to provide both people living with HIV and service providers with useful information and tools to make informed and empowered choices about how to respond to the criminalization of HIV non-disclosure.
This article was commissioned in advance of the XIX International AIDS Conference – to be held in July 2012 in the U.S. for the first time since 1990 – to provide an overview of the current disconnect between evidence and law in the U.S. and to discuss how best to address them.
FEATURES – TREATMENT AS PREVENTION: ASSESSING THE HUMAN RIGHTS AND ETHICAL IMPLICATIONS Human rights in an era of treatment as prevention The ethical implications of “treatment as prevention” in the United States British Columbia’s “seek and treat” strategy: a cautionary tale on privacy rights and informed consent for HIV testing CANADIAN DEVELOPMENTS Federal government’s omnibus … Read more