Outlines circumstances when people with HIV are obliged to disclose their status before sex.
HIV disclosure: A legal guide for gay men in Canada
Outlines the law on disclosure in Canada. Includes advice on advising partners and things PLHIV can do to avoid prosecution.
Criminal law and HIV non-disclosure: What should PHAs do if they are concerned that they may be under investigation for allegedly failing to disclose their HIV-positive status?
Outlines what people with HIV should do if they are concerned they may be or they are being investigated by police.
R. v. Mabior
Ruling on “significant risk of bodily harm” which ostensibly found that people with HIV in Canada do not need to disclose their HIV-status before sex only if (i) the accused’s viral load at the time of sexual relations was low, and (ii) condom protection was used.
Her Majesty the Queen v. Henry Gerald Cuerrier
Ruling that failure to disclose HIV status constitutes fraud. Consequently, a partner’s consent to unprotected sexual activity is not valid. This ruling allows people with HIV in Canada who do not disclose their HIV-status before sex to be prosecuted under sexual assault laws.
“Criminalization Creep”: A brief discussion of the criminalization of HIV/AIDS nondisclosure in Canada
Provides an overview and analysis of criminal cases of HIV exposure and transmission to 2010, and proposes policy options for addressing the problems posed by the criminalization of HIV non-disclosure.
HIV Non-Disclosure and the Criminal Law: Establishing Policy Options for Ontario
Provides an overview and analysis of criminal cases of HIV exposure and transmission to 2010, and proposes policy options for addressing the problems posed by the criminalization of HIV non-disclosure.
Interview with Cynthia Fromstein
Reports interview with Cynthia Fromstein, a Toronto-based criminal lawyer with experience as a defense lawyer in cases regarding HIV non-disclosure. Discusses her experience with laws around HIV disclosure.
Who? What? Where? When? And with what consequences?: An analysis of criminal cases of HIV non-disclosure in Canada
Explores the evolution of the criminalization of HIV non-disclosure in Canada, focusing on “criminalization creep”: increasing numbers of people being charged with increasingly severe crimes.
Consent: HIV non-disclosure and sexual assault law
Features eight experts in HIV, sexual assault and law raising many questions about HIV-related legal developments in Canada. (28 min)