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HIV non-disclosure and the criminal law: An analysis of two recent decisions of the Supreme Court of Canada

On October 5, 2012, the Supreme Court of Canada released its decisions in the cases of Mabior and D.C. The Court decided that people living with HIV have a legal duty, under the criminal law, to disclose their HIV-positive status to sexual partners before having sex that poses a "realistic possibility" of HIV transmission. Not disclosing in such circumstances means a person could be convicted of aggravated sexual assault.

This is a full analysis; a summary of the decisions is also available below.

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Published On 2012-10-29
Author Canadian HIV/AIDS Legal Network
Topics Criminal Law
Document Type Briefing Papers
Language English
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Related Publications

Title Relationship
HIV non-disclosure and criminal law: Implications of recent Supreme Court of Canada decisions for people living with HIV
HIV non-disclosure and the criminal law: A summary of two recent decisions of the Supreme Court of Canada Summary
La non-divulgation du VIH et le droit criminel : analyse de deux récentes décisions de la Cour suprême du Canada French version

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The Canadian HIV/AIDS Legal Network is a non-governmental organization in Special Consultative Status with the United Nations Economic and Social Council (ECOSOC).
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