CBA FALL LAW SERIES 2018
Presented by the CBA Health Law Section and the CBA Sexual Orientation and Gender Identity Community Section
HIV Non-Disclosure: The Law vs the Science
In its 1998 decision in R. v. Cuerrier, the Supreme Court of Canada decided that people with HIV have a legal duty to disclose a HIV-positive status prior to having sex with sexual partners, and that the failure to do so where there is a significant risk of bodily harm may vitiate consent to consensual sex. The SCC's decision in R. v. Mabior and R. v. D.C. confirmed the Cuerrier position and clarified that “significant risk” means a “realistic possibility of transmitting HIV.”
The medicine and science behind HIV is developing at rapid rate and is outpacing Canadian laws as more is known about HIV transmission, anti-HIV treatment and viral load suppression. The medical community now views HIV with proper health care and treatment as a chronic but manageable infection with no impact on transmission, life span or quality of life. Will Canadian law catch up to science? Has the continued criminalization of HIV non-disclosure resulted in a greater public health threat as people are afraid to test and afraid to access to health care?
Topics will include:
- History and current state of the law
- Developments in science and medicine
- Public health threat of continued criminalization
- Privacy and human rights impacts
Presenters
