Summary – Court of Appeal of Manitoba R. v. Mabior, 2010 MBCA 93
The Legal Network’s summary of the 13 October 2010 decision by the Manitoba Court of Appeal in R. v. Mabior, 2010 MBCA 93.
Publication Topic : HIV Criminalization
HIV/AIDS Policy & Law Review 15(1) October 2010
FEATURE Redoubling global efforts to support HIV/AIDS and human rights CANADIAN DEVELOPMENTS HIV prevalence in prison is 15 times greater than in the community as a whole New study puts forth HIV treatment as prevention Keeping a common bawdy house becomes a “serious offence” under Criminal Code Vaccine initiative money reallocated; emphasis placed on research … Read more
Addressing HIV Risk Behaviours: A Role for Public Health Legislation and Policy
This document explores the role of public health law, including coercive interventions, in addressing behaviours that carry a significant risk of transmitting HIV.
Section 3: Useful case law and guidance (international) (Lawyers’ Resource Kit)
The context of criminal prosecutions related to HIV varies widely from jurisdiction to jurisdiction. This section highlights some important and useful case law internationally, guidelines for prosecutors which limit the pursuit of such cases as well as relevant guidance for judges on HIV, Human Rights and the Law. For more information about legal developments internationally, … Read more
Section 2: Learning about the law (Canada and other countries) (Lawyers’ Resource Kit)
This section provides detailed descriptions of the applicable national laws on HIV transmission and/or exposure, key decisions from national courts (some also included below in section 3), as well as articles from the relevant legal literature and other useful materials. It focuses on three countries — namely Canada, France and Switzerland — however, resources for … Read more
Section 1: Understanding your client and your case (Lawyers’ Resource Kit)
Some lawyers and service providers have lots of experience with HIV, while others may not have as much. There are a lot of common misconceptions about HIV — and left unchecked, they can pose problems for your client, in and out of the courtroom. This section includes basic information about HIV, HIV transmission and treatment, … Read more
Section 6: The case against overcriminalization (Lawyers’ Resource Kit)
This section provides information about the criminalization of HIV non-disclosure, exposure and/or transmission across the world as well as actions taken to reduce inappropriate use of the criminal law against people living with HIV. The section includes materials describing the challenges associated with HIV criminalization and its impact on public health and human rights. Global … Read more