Ottawa – On Wednesday, February 8, 2012, the BCCLA will argue before the Supreme Court of Canada in Her Majesty the Queen v. Clato Lual Mabior and Her Majesty the Queen v. D.C. These cases concern the criminal law relating to non-disclosure of HIV status to sexual partners. Among the critical issues in these cases is the need to update the law in light of major advancements in HIV treatment that have greatly reduced the possibility of people on treatment being infectious.
The BCCLA will argue that the current legal test set out by the Supreme Court of Canada in R. v. Cuerrier that requires disclosure where there is “significant risk of serious bodily harm” has led to uncertainty and inconsistency in the criminal law. The BCCLA will also argue that sexually transmitted infections should be treated primarily as a public health issue, not as a matter of criminal law.
The BCCLA is represented by Michael Feder and Angela Juba of McCarthy Tétrault LLP.
The BCCLA’s argument in the case is available here
What: Supreme Court of Canada will hear oral arguments in the Mabior and D.C. cases.
When: Oral arguments before the court begin on Wednesday, February 8, 2012 at 6:00 am PST/ 9:00 am EST. The proceedings can be viewed live online here.
Where: Supreme Court of Canada (Ottawa, Ontario)
Who: Lawyers for the BCCLA available for comment
Michael Feder, Lawyer for the BCCLA: 778-995-5983
Angela Juba, Lawyer for the BCCLA: 778-628-8716
Carmen Cheung, BCCLA Litigation Director (Acting): 604-630-97