Advertisement
The Body: The Complete HIV/AIDS Resource
Follow Us Follow Us on Facebook Follow Us on Twitter Download Our App
Professionals >> Visit The Body PROThe Body en Espanol
  
  • Email Email
  • Comments Comments
  •  (5)
  • Printable Single-Page Print-Friendly
  • Glossary Glossary

International News

Canadian Supreme Court Outlines When It's Legal for HIVers Not to Disclose Before Sex

October 9, 2012

On October 5 -- in what HIV/AIDS activists call "a partial victory" -- the Supreme Court of Canada ruled that people with low levels of HIV who use condoms during sex do not have a duty to disclose their condition to sexual partners. The court -- in a 9–0 ruling -- reasoned that the decision reflects medical advances in treating the virus that causes AIDS.

HIV/AIDs activists sought to overturn court's 1998 decision that held that people with HIV must divulge their condition to their sex partners or face a charge of aggravated sexual assault, a charge which can carry a maximum life sentence. The activists claimed that the 1998 ruling has been applied unevenly and created confusion.

View Full Article


  
  • Email Email
  • Comments Comments
  •  (5)
  • Printable Single-Page Print-Friendly
  • Glossary Glossary

 
See Also
More on HIV in Canada

Reader Comments:

Comment by: Brian C. (Guelph, ON) Thu., Oct. 18, 2012 at 9:12 am EDT
While the court did not denote what an "acceptably low viral load" was, the case they were speaking of, the gentleman had a viral load of 1500 --- which they viewed as a low viral load. And they clearly made a distinction between low viral load and undetectable.
Reply to this comment


Comment by: John (Charlotte, NC) Thu., Oct. 18, 2012 at 12:18 am EDT
Please quit referring to me as an HIVer. It bothers me greatly. Do you call someone with Cancer a Cancer? Do you call anyone with any other disease state a "disease"er? No. It adds to the stigma I already have to fight.

John
Reply to this comment


Comment by: Marissa (Canada) Mon., Oct. 15, 2012 at 1:18 am EDT
That is a victory for Canadians but there are loopholes. The court does not define what "low" is. Somebody could still sue.
Reply to this comment


Comment by: Dave R (Amsterdam) Thu., Oct. 11, 2012 at 2:03 pm EDT
The overal picture in Canada is much less optimistic than the above article suggests.Please read this article from Positive Lite to see the other side of the coin.
http://positivelite.com/component/zoo/item/unjust-supreme-court-ruling-on-criminalization-of-hiv
Reply to this comment


Comment by: Drew(Sydney) (Sydney) Wed., Oct. 10, 2012 at 7:41 pm EDT
Medical Science over Hysteria!

Criminalisation of HV Transmission leads to greater stigma.

Greater stigma equates to less testing.

If only the rest of the western world including my home Australia...went down this path.

Drew (Sydney, Australia)
Reply to this comment


Add Your Comment:
(Please note: Your name and comment will be public, and may even show up in
Internet search results. Be careful when providing personal information! Before
adding your comment, please read TheBody.com's Comment Policy.)

Your Name:


Your Location:

(ex: San Francisco, CA)

Your Comment:

Characters remaining:

Tools
 

Advertisement