Reading # 1 Criminalization of HIV non disclosure: current Canadian Law
before engaging in certain activities and if you are HIV positive, you can be guilty
of crime if you do not disclose.
When does a person living with HIV have to disclose to a sexual partner?
- if they pose a significant risk for transmission
-even if the person does not become infected - exposure without disclosure
-even if he/she knows that their partner also has HIV (!)
- a person that MAY have it
What constitutes a “significant risk” of transmitting HIV?
- legal duty only if there is a significant risk --- there is no definition for “signifcant” which
means there is uncertainty/ambiguity
-vaginal intercourese without a condom
- and anal
---> what remains in question is if they have a legal duty even if they use protection
- new updates call in to question whether they have to disclose if they have unprotected
sex AND they have a low viral load
“no risk” and “neglibible risk” activities
- i.e. kissing and mutual masturbation - there is no legal duty to disclose HIV -positive
status to partners before engaging - wehther or not an accused person living with HIV has a duty to disclose his or her HIV
+ status depends on the facts and medical evidence available in each case
---> physiological differences, however, see that the risk of transmitting HIV from a wom-
an to a man is less from a man to a woman
Violence + disclosure:
- what if they fear violence upon disclosure? ---> no canadian court has addressed this
Is disclosure required outside the sexual context?
- only in “exposure prone” circumstances
Sharing drug equipment:
- has not been decided in cdn court
Vertical transmission of HIV:
- only after a child is born can criminal law and child protection laws apply with respect
to infant---> more