“These appeals raise the question of whether the offence of aggravated sexual assault can and should be established for HIV non-disclosure in circumstances where, in the Interveners’ submission, there is no ‘significant risk’ of transmission because of factors that dramatically reduce that risk, such as the use of condoms or an undetectable or low viral … Read more
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.
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
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
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
FEATURE Bedford v. Canada: a paradigmatic case toward ensuring the human and health rights of sex workers A tale of two cases: urging caution in the prosecution of HIV non-disclosure CANADIAN DEVELOPMENTS Senate stalling derails bill to fix Canada’s law on affordable generic medicines for developing countries Ontario: study documents access and quality of care … Read more
1. Laws and practices that criminalize people living with HIV and vulnerable to HIV People who use drugs People in prison Sex workers Criminalization of HIV non-disclosure 2. Laws and practices that facilitate or impede HIV-related treatment access Canada’s Access to Medicines Regime
FEATURE Legislative and policy analysis of HIV prevention, treatment and care for people who use drugs and incarcerated people in Central Asia and Azerbaijan CANADIAN DEVELOPMENTS Supervised injection sites in Quebec: one step closer to reality Correctional Investigator highlights pending adverse impacts of the government’s “tough on crime” agenda In brief Ottawa police changes policy … Read more