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Mark100
Member

Reged: 02/23/13
Posts: 27
Loc: Montreal, Canada
Disclosure laws in Canada
      #273209 - 07/30/13 04:08 AM

Hey Guys, I was just wondering if someone could clarify for me when exactly do I have to disclose to someone that I have HIV. I was diagnosed in February and I am currently undetectable. I haven't had sex since this time because I wanted to wait until I came to terms with things and until I became undetectable.

I always practice safer sex, so do I have to disclose to someone when having sex with a condom? And do I have to disclose to someone for oral sex? Kissing? I mean if I thought I was putting the person at any significant risk I beleive that they should know beforehand, but I've read that being undetectable really diminishes your risk of transmitting the virus if you take the proper precautions.

Anyway I could also ask my doctor these questions but you guys have the experience and always have the best answers.
Thanks for your help in advance,
Mark ;-)

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kicker
Moderator

Reged: 10/25/10
Posts: 1131
Loc: GA, USA
Re: Disclosure laws in Canada new
      #273211 - 07/30/13 10:06 AM

The laws are really confusing and don't keep up with the prevailing medical science. So to keep yourself out of trouble it's best to talk to your dr, case worker, or public health department. That is the best way to find out, because they are so vastly different everywhere.

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anotherday
Moderator

Reged: 05/15/13
Posts: 473
Loc: Alberta, Canada
Re: Disclosure laws in Canada new
      #273223 - 07/30/13 11:51 PM

Hello fellow Canadian (well Canadien) ... there is no specific Canadian laws pertaining to disclosure, however, if you are engaging in recreational sex, condom or not, there is a certain degree of risk and if you do not disclose to someone during an intimate encounter, condom breaks, they contract HIV and they find out you know your status up front ... they can infact pursue criminal assault charges. It's one of the judicial grey areas in Canada (gotta love the Canadian judicial system). (excellent law related article in the National Post from October/2012)

If you are concerned someone will not have sex with you because you disclose to them, well that is kinda irresponsible on your part, but atleast it gives them the option to "protect" themselves.

I know in Alberta we have a website for gay/bisexual men that "hookup" and they always wave the undetectable flag around like it is some kind of merit badge that says to everyone "I had HIV but don't anymore" ... and surprisingly alot of guys think that, oh there is no risk anymore ... well there is, any doctor will tell you ... the risk might be diminished, but it's still there!

In my opnion, and it might sound harsh and make me sound miss informed, I still see activity like that, undetectable or not, as playing russian roulette, you don't know when that bullet will be in the chamber ... do you want to be the one to knowingly pass on HIV to someone just because you thought the risk was diminished! We as individuals who knowingly are diagnosed and have HIV, have a resposibility to uphold. Give them the chance to protect themselves!

--------------------
anotherday ... in paradise!
daily ponder ... be the reason someone smiles today!

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