INJUSTICE AMPLIFIED BY HIV NON-DISCLOSURE RULING

This article notes that the Supreme Court's punitive approach in Mabior and DC is out of step with recent scientific and medical advancements with respect to HIV transmission and treatment. It argues that while the Court set out a risk-based test to determine when HIV disclosure is legally requ...

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Bibliographic Details
Published in:The University of Toronto law journal 2013-07, Vol.63 (3), p.485-495
Main Author: Symington, Alison
Format: Article
Language:English
Subjects:
Acquired Immune Deficiency Syndrome
AIDS
Computer law
Condoms
Courts
Criminal Code (Canada)
Criminal law
Criminal prosecution
Disease transmission
Evidence
FOCUS – R V MABIOR AND R V DC: SEX, HIV, AND NON-DISCLOSURE, TAKE TWO
Highly active antiretroviral therapy
HIV
HIV (Viruses)
Human immunodeficiency virus
Judgments
Marginality
Medicine
Rape
Risk
Risk assessment
Self Disclosure
Sexual assault
Sexual transmission
Supreme court
United States Supreme Court
Values
Viral load
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Summary:This article notes that the Supreme Court's punitive approach in Mabior and DC is out of step with recent scientific and medical advancements with respect to HIV transmission and treatment. It argues that while the Court set out a risk-based test to determine when HIV disclosure is legally required, it did not appropriately weigh the evidence regarding the risk of HIV transmission. It predicts that the judgment will have an unfair and disproportionate impact on already marginalized people, including newcomers, those in violent relationships, and those without access to treatment. Finally, it questions whether the new legal test for HIV non-disclosure cases reflects Charter values.
ISSN:0042-0220
1710-1174
DOI:10.3138/utlj.0302-3