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SOC309Y1 (60)

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University of Toronto St. George
Robb Travers

Reading # 1 Criminalization of HIV non disclosure: current Canadian Law 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 possibilities: -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 issue 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
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