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International News Canadian Supreme Court Outlines When It's Legal for HIVers Not to Disclose Before SexOctober 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 90 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 Visit the CDC's website to find out more about their activities, publications and services.
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.
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
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.
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
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)
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