While some policymakers and courts have recognized condom use as sufficient to negate possibility of HIV transmission, people living with HIV in Canada remain at risk of prosecution for alleged non-disclosure before sex with a condom. While the law may be unsettled, the science and policy reasons are clear: prosecuting people living with HIV who use condoms is unscientific and unfair. Law- and policymakers must act to definitively preclude prosecutions against people living with HIV who use condoms.
