SOC323H5 Chapter Notes -Precautionary Principle, Determinative, Independent Community And Health Concern
Document Summary
Hiv, consent, and criminal wrongs- carissima mathen and michael plaxton. In 1988, the scc concluded that failure to disclose hiv positive status attracted criminal culpability though it was no unanimous on precise contours of liability. Cases were to be analyzed under rubric assault, in particular aggravated assault which required knowing. Critics argue that use of criminalization is not suited to what is a public health concern. Mabior and r. v. c. (d. : these cases ask if cuerrier remains the optimal framework for analyzing scope of criminal liability in cases of deliberate failure to disclose hiv-positive status. Cuerrier relied on concept of fraud and central to its analysis is harm : authors suggest that court should reconsider cuerrier case and engage more with boundaries of sexual assault. 1998 scc- assault provisions under cc adequate to hold someone who fails to disclose hiv(+) status to sexual partner.
