Supreme Court of Canada to rule on HIV transmission and exposure cases

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Ottawa – On Friday, October 5, 2012, the Supreme Court of Canada will deliver its decisions in Her Majesty the Queen v. Clato Lual Mabior and Her Majesty the Queen v. D.C. The BCCLA is an intervener in these cases.

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 significantly reduce the risk of transmission.

The BCCLA argued 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 also argued 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.

TThe BCCLA’s argument is available here >>

What: Supreme Court of Canada to release judgment in the Mabior and D.C. cases.

When: BCCLA representatives will be available for comment in Vancouver before the judgment on Thursday, October 4 and after the reasons are issued on Friday, October 5. (The reasons will be issued at 6:45 am PST/ 9:45 am EST)

Where: Supreme Court of Canada (Ottawa, Ontario)

Who: Lawyers for the BCCLA will be available for comment