Breaking! Supreme Court of Canada Issues Decision on the Criminality of HIV Non-Disclosure
This morning, the Supreme Court of Canada issued two rulings on the criminalizability of individuals living with HIV if they do not disclose their HIV-positive status to a sexual partner before engaging with them, sexually. The rulings are in response to a case in Manitoba, where a man was charged with nine counts of aggravated sexual assault based on his failure to disclose his HIV‑positive status to nine complainants (none of the complainants contracted HIV); and a case in Quebec, where a woman with HIV was charged with sexual assault and aggravated assault for failing to disclose her HIV-positve status to a partner.
The Supreme Court of Canada has effectively ruled that laying such charges on an individual who is HIV-positive, with an undetectable viral load, and who made proper use of a condom, is unreasonable because the “realistic possibility of transmission of HIV is negated” in such a context.
The Manitoba case ruling can be found here:
The Quebec case ruling can be found here:
The CBC’s report on the ruling an be found here: