Supreme Court to Decide on HIV Disclosure with Sex Partners

The Supreme Court of Canada is going to attend to a case ruling on Friday about whether people with initial-stage of HIV are legally obligated to reveal their illness to sexual partners or not. The most superior court of Canada’s legal system will also be overlooking the decisions of 14-years-old cases on the same topic, considering that the given offence is punishable up to life imprisonment or not.

The Supreme Court will overlook two separate cases from Quebec and Manitoba where charges are imposed against those who failed to reveal their condition and were sentenced by the appeals courts. Critics claim that the latest medical developments have implied that having HIV, the virus leading to AIDS, is not as much of a threat as before. In fact, some medical evidence has proved that using anti-retroviral medication and condoms can almost limit the risk of passing on the virus to a very degree.

Richard Elliott, the head of Canadian HIV/AIDS Legal Network, stated that “we’re deploying the potential of criminal law to deal with things that are really very small risks of harm.” Whereas, the British Columbia Civil Liberties Association, also asked the high court to revise the decisions of 1998 and eliminate the out-dated law of seeking consent before sex as an obligation for HIV carriers.

However, the prosecutors make a case by stated that “certain acts are dangerous in and of themselves because they create the chance that someone could be hurt or killed,” so “It does not matter that the chance of this occurring is small — the law aims to stop people from taking that chance.”

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