Criminalization of HIV non-disclosure causes fear and anxiety for people living with HIV. Over 100 people in Canada have been criminally prosecuted for HIV transmission or exposure since 1989, with a significant increase since 2003. The law around what constitutes a "significant risk" of transmission is unclear. A recent court case found no significant risk from condom use or when viral load is undetectable, but the law remains uncertain. Advocates are working to restrict expansive use of criminal law and challenge misinformation.
This presentation on the crucial importance of decriminalising sex work was given by Janelle Fawkes, Chief Executive Officer, Scarlet Alliance (Australian Sex Workers Association), at the AFAO Members Forum – May 2015.
BREAKING THE SILENCE AROUND SEXTORTION: THE LINKS BETWEEN POWER, SEX AND C...Δρ. Γιώργος K. Κασάπης
Sexual extortion or “sextortion” occurs when those entrusted with power use it to sexually exploit those dependent on that power. It is a gendered form of corruption that occurs in both developed and developing countries, affecting children and adults, vulnerable individuals (such as undocumented migrants crossing borders) and established professionals. While evidence shows that women are disproportionally targeted, men, transgender and gender non-conforming people are also affected.
Sextortion has long been a silent form of corruption, hiding in plain view. Until recently, it was never discussed or recognised as a distinct phenomenon within either the corruption framework or the framework of gender-based violence. Lacking a name, sextortion remained largely invisible, and few research projects, laws or strategies were developed to address it. Barriers to reporting sextortion and obtaining effective redress further contributed to its low profile. As a result, researchers have failed to ask survivors/victims the right questions to properly understand sextortion; statistical systems lack the appropriate categories to register the few cases that go to court, and complaints have been poorly handled. The result has been that survivors/victims have largely been denied justice.
This Transparency International report assesses the state of knowledge about the links between corruption and sextortion. It presents evidence on the prevalence of sextortion and the existing legal frameworks to address it, and it proposes recommendations for how to tackle it.
Characteristics od Sibling and Nonsibling Sexual Abuse Cases Under Canadian C...BASPCAN
Dr. Delphine Collin-Vezina
Director
Centre for Research on Children and Families
Tier II Canada Research Chair in Child Welfare
Associate Professor, McGill University
This presentation on the crucial importance of decriminalising sex work was given by Janelle Fawkes, Chief Executive Officer, Scarlet Alliance (Australian Sex Workers Association), at the AFAO Members Forum – May 2015.
BREAKING THE SILENCE AROUND SEXTORTION: THE LINKS BETWEEN POWER, SEX AND C...Δρ. Γιώργος K. Κασάπης
Sexual extortion or “sextortion” occurs when those entrusted with power use it to sexually exploit those dependent on that power. It is a gendered form of corruption that occurs in both developed and developing countries, affecting children and adults, vulnerable individuals (such as undocumented migrants crossing borders) and established professionals. While evidence shows that women are disproportionally targeted, men, transgender and gender non-conforming people are also affected.
Sextortion has long been a silent form of corruption, hiding in plain view. Until recently, it was never discussed or recognised as a distinct phenomenon within either the corruption framework or the framework of gender-based violence. Lacking a name, sextortion remained largely invisible, and few research projects, laws or strategies were developed to address it. Barriers to reporting sextortion and obtaining effective redress further contributed to its low profile. As a result, researchers have failed to ask survivors/victims the right questions to properly understand sextortion; statistical systems lack the appropriate categories to register the few cases that go to court, and complaints have been poorly handled. The result has been that survivors/victims have largely been denied justice.
This Transparency International report assesses the state of knowledge about the links between corruption and sextortion. It presents evidence on the prevalence of sextortion and the existing legal frameworks to address it, and it proposes recommendations for how to tackle it.
Characteristics od Sibling and Nonsibling Sexual Abuse Cases Under Canadian C...BASPCAN
Dr. Delphine Collin-Vezina
Director
Centre for Research on Children and Families
Tier II Canada Research Chair in Child Welfare
Associate Professor, McGill University
Controlling or Coercive Behaviour in Relationships: Making Legislation Work M...IBB Law
Mention domestic abuse and many will immediately think of visible bruises, scars and marks on a victim. Yet domestic abuse is not only physical. Psychological, emotional and financial abuse are all types of domestic abuse categorised under coercive or controlling behaviour. Each can result in a victim being isolated from their friends and family; being controlled over aspects of their everyday life, such as where they can
go, who they can see, what they can wear and when they can sleep; and controlling their finances.
For more information on the topic raised in this report please contact IBB Solicitors family and matrimonial legal experts via the link below:
https://www.ibblaw.co.uk/service/family-matrimonial
Divorce and Matrimonial Team
IBB Solicitors
The Bury
Chesham, Buckinghamshire
HP5 1JE
Tel: 03456 381381
Département d'Etat: Rapport sur la Situation des Droits Humains en République...Stanleylucas
Ce rapport de 35 pages du Département d'Etat présente la situation des droits humains en république Dominicaine en 2016. Les violations des droits des Dominicains d'origines Haïtiennes et des Haïtiens sont présentes dans ce rapport.
Report: LGBTQ+ Community and Clinical TrialsCOUCH Health
We’re all aware that clinical trials have been discussed more widely since the COVID-19 pandemic. While that’s a great thing for raising awareness of clinical trials in general, it’s also highlighted some pretty big issues in clinical research. For example, the world can see how the BAME community has been disproportionately affected by the coronavirus, which has also underlined how unrepresentative clinical trials are of them. And over the last few weeks, we’ve been looking at other populations who are also being left behind.
With June being PRIDE month, conversations were taking place around the world with regards to COVID-19, clinical trials and the LGBTQ+ community, and we were there to listen and collect important insights.
Regional Issues Brief : LAWS AND PRACTICES RELATING TO CRIMINALIZATION OF PEO...Yvonne Sibuea
This Regional Issues Brief has been written to provide an overview of an area of enquiry that the Global Commission
on HIV and the Law is examining – laws and practices that effectively criminalise persons living with HIV and those
most vulnerable to HIV. It has been undertaken through a literature review of laws and documentation of their
enforcement in the context of Asia and the Pacific. It serves as an information resource and complements the
report of the Regional Dialogue for Asia and the Pacific that was held under the auspices of the Global Commission
on HIV and the Law in Bangkok on 16 and 17 February 2011.
An overview of the issues related to the criminalisation of HIV exposure and transmission in Australia.
This presentation was given by Sally Cameron, HIV Education and Health Promotion Officer with AFAO, at the AFAO National HIV Forum, 17 October 2014.
Commission Key Findings & Recommendations - Columbia Law School, Feb. 2013Emilie Pradichit
Presentation given at Columbia Law School in Feb. 2013 by Emilie Pradichit, Human Rights & Law Consultant, HIV, Health and Development Group, BDP, UNDP NY.
The presentation provides an overview of the Global Commission on HIV & the Law's work and presents the key findings and recommendations of the Commission Final Report "HIV and the Law: Risks, Rights & Health". More specifically it focuses on findings and recommendations as they relate to HIV Criminalization, Women and Children and describes UNDP's work in implementing the Commission's recommendations in 82 countries at national and global level.
Link to the event: http://www.law.columbia.edu/calendar/event/621244
Controlling or Coercive Behaviour in Relationships: Making Legislation Work M...IBB Law
Mention domestic abuse and many will immediately think of visible bruises, scars and marks on a victim. Yet domestic abuse is not only physical. Psychological, emotional and financial abuse are all types of domestic abuse categorised under coercive or controlling behaviour. Each can result in a victim being isolated from their friends and family; being controlled over aspects of their everyday life, such as where they can
go, who they can see, what they can wear and when they can sleep; and controlling their finances.
For more information on the topic raised in this report please contact IBB Solicitors family and matrimonial legal experts via the link below:
https://www.ibblaw.co.uk/service/family-matrimonial
Divorce and Matrimonial Team
IBB Solicitors
The Bury
Chesham, Buckinghamshire
HP5 1JE
Tel: 03456 381381
Département d'Etat: Rapport sur la Situation des Droits Humains en République...Stanleylucas
Ce rapport de 35 pages du Département d'Etat présente la situation des droits humains en république Dominicaine en 2016. Les violations des droits des Dominicains d'origines Haïtiennes et des Haïtiens sont présentes dans ce rapport.
Report: LGBTQ+ Community and Clinical TrialsCOUCH Health
We’re all aware that clinical trials have been discussed more widely since the COVID-19 pandemic. While that’s a great thing for raising awareness of clinical trials in general, it’s also highlighted some pretty big issues in clinical research. For example, the world can see how the BAME community has been disproportionately affected by the coronavirus, which has also underlined how unrepresentative clinical trials are of them. And over the last few weeks, we’ve been looking at other populations who are also being left behind.
With June being PRIDE month, conversations were taking place around the world with regards to COVID-19, clinical trials and the LGBTQ+ community, and we were there to listen and collect important insights.
Regional Issues Brief : LAWS AND PRACTICES RELATING TO CRIMINALIZATION OF PEO...Yvonne Sibuea
This Regional Issues Brief has been written to provide an overview of an area of enquiry that the Global Commission
on HIV and the Law is examining – laws and practices that effectively criminalise persons living with HIV and those
most vulnerable to HIV. It has been undertaken through a literature review of laws and documentation of their
enforcement in the context of Asia and the Pacific. It serves as an information resource and complements the
report of the Regional Dialogue for Asia and the Pacific that was held under the auspices of the Global Commission
on HIV and the Law in Bangkok on 16 and 17 February 2011.
An overview of the issues related to the criminalisation of HIV exposure and transmission in Australia.
This presentation was given by Sally Cameron, HIV Education and Health Promotion Officer with AFAO, at the AFAO National HIV Forum, 17 October 2014.
Commission Key Findings & Recommendations - Columbia Law School, Feb. 2013Emilie Pradichit
Presentation given at Columbia Law School in Feb. 2013 by Emilie Pradichit, Human Rights & Law Consultant, HIV, Health and Development Group, BDP, UNDP NY.
The presentation provides an overview of the Global Commission on HIV & the Law's work and presents the key findings and recommendations of the Commission Final Report "HIV and the Law: Risks, Rights & Health". More specifically it focuses on findings and recommendations as they relate to HIV Criminalization, Women and Children and describes UNDP's work in implementing the Commission's recommendations in 82 countries at national and global level.
Link to the event: http://www.law.columbia.edu/calendar/event/621244
Victoria has the unenviable record of having had more prosecutions, and more convictions, for HIV transmission and exposure than any other Australian jurisdiction. This presentation by Paul Kidd (former President, PLWHA Victoria), at the AFAO Positive Services Forum 2012, will briefly outline the state of the law in Victoria on HIV, and efforts underway for reform.
109411141_Apuzzo-1983-A_Time_Bomb_Inside_of_You_1.pdf
“A Time Bomb Inside of You”: Social Service Organizations Advocate an
Improved Federal Response to AIDS
Virginia Apuzzo, August, 1983
http://historymatters.gmu.edu/d/6893
In 1981, the U.S. medical community noticed a significant number of gay men living in urban areas with
rare forms of pneumonia, cancer, and lymph disorders. The cluster of ailments was initially dubbed Gay-
Related Immune Disease (GRID), but when similar illnesses increased in other groups, the name changed to
Acquired Immune Deficiency Syndrome (AIDS). The mid-1980s saw a number of advances toward
understanding and treating the disease, but no vaccine or cure was forthcoming. Gay advocacy and
community-based organizations began providing services and pressuring government to increase funding for
finding a cure and helping victims. In the following 1983 testimony before a congressional committee, three
representatives of social service organizations sharply criticized the Reagan administration’s limited
response to the AIDS crisis, advocated increased federal funding, and warned that AIDS was a societal “time
bomb” likely to have grave consequences beyond the gay community. In 1995 AIDS became the leading
cause of death for Americans aged 25 to 44. By mid-2002, while the annual rate of new HIV cases dropped
in the U.S. to 40,000 (from a 1980s high of 150,000), more than 20 million people worldwide had died from
the disease, and 40 million were living with HIV.
STATEMENT OF VIRGINIA M. APUZZO, EXECUTIVE DIRECTOR, NATIONAL GAY TASK FORCE
Ms. APUZZO. My name is Virginia Apuzzo.
I am grateful for the opportunity to testify today. But I am saddened and, yes, I am angered by the
necessity, a necessity brought on by what we perceive to be the Federal Government’s policy of gestures
and not actions.
Quite simply, from our point of view, Mr. Chairman, the Federal Government’s response to the AIDS
epidemic reveals that the health care system of the wealthiest country in the world is not equipped to meet
the needs of its citizens in an emergency, however brief or extended that emergency might be.
Further, if we take a look at the Federal Government’s response to the AIDS crisis it leads unavoidably to
the conclusion that within this administration, there is a sharp contrast between the rhetoric of concern and
the reality of response. That failure is underscored when one looks at the record of the lesbian and gay
community in filling the gap. . . .
The National Gay Task Force survey of community voluntary organizations found that $2.3 million was
budgeted for AIDS projects in 1983 for the gay and lesbian community, with another $6.8 million being
projected and budgeted for 1984 in the gay and lesbian community. These figures do not include local and
State government grants to these groups, nor do they include the value of hundreds of thousands of
voluntary hours in th.
This presentation talks on various information about HIV & AIDS from the basic stuff to detailed information as well as a video to show how the regular medicines given to patients help reduce the time of them dying faster hence summarizing the entire presentation.
ARTIFICIAL INTELLIGENCE IN HEALTHCARE.pdfAnujkumaranit
Artificial intelligence (AI) refers to the simulation of human intelligence processes by machines, especially computer systems. It encompasses tasks such as learning, reasoning, problem-solving, perception, and language understanding. AI technologies are revolutionizing various fields, from healthcare to finance, by enabling machines to perform tasks that typically require human intelligence.
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New Directions in Targeted Therapeutic Approaches for Older Adults With Mantl...i3 Health
i3 Health is pleased to make the speaker slides from this activity available for use as a non-accredited self-study or teaching resource.
This slide deck presented by Dr. Kami Maddocks, Professor-Clinical in the Division of Hematology and
Associate Division Director for Ambulatory Operations
The Ohio State University Comprehensive Cancer Center, will provide insight into new directions in targeted therapeutic approaches for older adults with mantle cell lymphoma.
STATEMENT OF NEED
Mantle cell lymphoma (MCL) is a rare, aggressive B-cell non-Hodgkin lymphoma (NHL) accounting for 5% to 7% of all lymphomas. Its prognosis ranges from indolent disease that does not require treatment for years to very aggressive disease, which is associated with poor survival (Silkenstedt et al, 2021). Typically, MCL is diagnosed at advanced stage and in older patients who cannot tolerate intensive therapy (NCCN, 2022). Although recent advances have slightly increased remission rates, recurrence and relapse remain very common, leading to a median overall survival between 3 and 6 years (LLS, 2021). Though there are several effective options, progress is still needed towards establishing an accepted frontline approach for MCL (Castellino et al, 2022). Treatment selection and management of MCL are complicated by the heterogeneity of prognosis, advanced age and comorbidities of patients, and lack of an established standard approach for treatment, making it vital that clinicians be familiar with the latest research and advances in this area. In this activity chaired by Michael Wang, MD, Professor in the Department of Lymphoma & Myeloma at MD Anderson Cancer Center, expert faculty will discuss prognostic factors informing treatment, the promising results of recent trials in new therapeutic approaches, and the implications of treatment resistance in therapeutic selection for MCL.
Target Audience
Hematology/oncology fellows, attending faculty, and other health care professionals involved in the treatment of patients with mantle cell lymphoma (MCL).
Learning Objectives
1.) Identify clinical and biological prognostic factors that can guide treatment decision making for older adults with MCL
2.) Evaluate emerging data on targeted therapeutic approaches for treatment-naive and relapsed/refractory MCL and their applicability to older adults
3.) Assess mechanisms of resistance to targeted therapies for MCL and their implications for treatment selection
These lecture slides, by Dr Sidra Arshad, offer a quick overview of physiological basis of a normal electrocardiogram.
Learning objectives:
1. Define an electrocardiogram (ECG) and electrocardiography
2. Describe how dipoles generated by the heart produce the waveforms of the ECG
3. Describe the components of a normal electrocardiogram of a typical bipolar leads (limb II)
4. Differentiate between intervals and segments
5. Enlist some common indications for obtaining an ECG
Study Resources:
1. Chapter 11, Guyton and Hall Textbook of Medical Physiology, 14th edition
2. Chapter 9, Human Physiology - From Cells to Systems, Lauralee Sherwood, 9th edition
3. Chapter 29, Ganong’s Review of Medical Physiology, 26th edition
4. Electrocardiogram, StatPearls - https://www.ncbi.nlm.nih.gov/books/NBK549803/
5. ECG in Medical Practice by ABM Abdullah, 4th edition
6. ECG Basics, http://www.nataliescasebook.com/tag/e-c-g-basics
micro teaching on communication m.sc nursing.pdfAnurag Sharma
Microteaching is a unique model of practice teaching. It is a viable instrument for the. desired change in the teaching behavior or the behavior potential which, in specified types of real. classroom situations, tends to facilitate the achievement of specified types of objectives.
Anti ulcer drugs and their Advance pharmacology ||
Anti-ulcer drugs are medications used to prevent and treat ulcers in the stomach and upper part of the small intestine (duodenal ulcers). These ulcers are often caused by an imbalance between stomach acid and the mucosal lining, which protects the stomach lining.
||Scope: Overview of various classes of anti-ulcer drugs, their mechanisms of action, indications, side effects, and clinical considerations.
Flu Vaccine Alert in Bangalore Karnatakaaddon Scans
As flu season approaches, health officials in Bangalore, Karnataka, are urging residents to get their flu vaccinations. The seasonal flu, while common, can lead to severe health complications, particularly for vulnerable populations such as young children, the elderly, and those with underlying health conditions.
Dr. Vidisha Kumari, a leading epidemiologist in Bangalore, emphasizes the importance of getting vaccinated. "The flu vaccine is our best defense against the influenza virus. It not only protects individuals but also helps prevent the spread of the virus in our communities," he says.
This year, the flu season is expected to coincide with a potential increase in other respiratory illnesses. The Karnataka Health Department has launched an awareness campaign highlighting the significance of flu vaccinations. They have set up multiple vaccination centers across Bangalore, making it convenient for residents to receive their shots.
To encourage widespread vaccination, the government is also collaborating with local schools, workplaces, and community centers to facilitate vaccination drives. Special attention is being given to ensuring that the vaccine is accessible to all, including marginalized communities who may have limited access to healthcare.
Residents are reminded that the flu vaccine is safe and effective. Common side effects are mild and may include soreness at the injection site, mild fever, or muscle aches. These side effects are generally short-lived and far less severe than the flu itself.
Healthcare providers are also stressing the importance of continuing COVID-19 precautions. Wearing masks, practicing good hand hygiene, and maintaining social distancing are still crucial, especially in crowded places.
Protect yourself and your loved ones by getting vaccinated. Together, we can help keep Bangalore healthy and safe this flu season. For more information on vaccination centers and schedules, residents can visit the Karnataka Health Department’s official website or follow their social media pages.
Stay informed, stay safe, and get your flu shot today!
HIV Non-Disclosure & the Criminal Law: Legal Developments & Community Responses
1. Criminalization of HIV non-disclosure: an additional source of fear and anxiety for people living with HIV Gay Men’s Health Summit Vancouver November 2010 Cécile Kazatchkine Policy Analyst Canadian HIV/AIDS Legal Network
2. About the Canadian HIV/AIDS Legal Network The Canadian HIV/AIDS Legal Network (www.aidslaw.ca) promotes the human rights of people living with and vulnerable to HIV/AIDS, in Canada and internationally, through research, legal and policy analysis, education, and community mobilization. The Legal Network is Canada’s leading advocacy organization working on the legal and human rights issues raised HIV/AIDS.
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Editor's Notes
The criminal law also applies to other sexually transmitted infection. But with the exception of three cases: one involving herpes (Ontario: trial decision: unprotected sex + non disclosure = assault - 1 year prison sentence- appeal dismissed) another Hepatitis B (unprotected sex - conviction plea sex. ass. – 1 year prison) and another Hepatitis C (New Brunswick - trial decision – unprotected sex + non disclosure = no duty to disclose because risk to transmit HCV through sex is low = acquittal for agg ass.) only people living with HIV have been prosecuted. We will also focus on the application of the criminal law to HIV exposure or transmission in the context of consensual sex because this accounts for the vast majority of cases in Canada. In theory, the law could also applies to risky activity like sharing drug equipment but we are not aware of any criminal cases where someone would be prosecuted for non-disclosing his status before sharing drug equipment. There has also been one case where a woman pled guilty to the offence of failing to provide the necessaries for life because she did not disclose to doctors during delivery and also breastfed her child who later tested HIV positive.
What’s happening in Canada?The number of prosecutions has increased in recent years in Canada. Re data on gender/ Ontario v/s Canada: Based on 96 cases – 91 people. Our Chart up to date show 120 cases related to HIV non-disclosure It is interesting to point out that criminalization so far has mostly targeted men. 90% of the cases are against men. And most of them are against heterosexual men. And indeed, criminalization has often been presented, including in the media, as a tool to protect “vulnerable” women from HIV infection. This does not mean that criminalization does not have any impact on women HIV+. Few women have been prosecuted (10), including Aboriginal women and we cannot either exclude the indirect impact of criminalization on women’s life including, stress related to pressure from partners to have unprotected sex or blackmail and fear of potential prosecutions after they disclose their status to their partners. But so far, in terms, of number of prosecutions, the use of criminal law has been clearly focused on heterosexual men. We are only aware of 18 cases against men who have sex with men but data suggest that charges may be increasing in men who have sex with men. This may be due to the fact that there is a greater acceptance of HIV-related sexual risk among gay men than in the cases of women complainants who have brought complaints against their partners. Also, gay men have been the focus of HIV prevention education that have created awareness around HIV, safe sex practices and risks of transmission. Also, the data suggest potential change in the relationship between gay men and the criminal justice responses to HIV non disclosure. This is illustrated a recent case, in Ottawa where a young boy faces 26 charges shows that criminalization is getting into the gay community and can have serious impact on a community that remains the community the most affected by HIV. Conviction rate: from 1989-2009 A majority of HIV non-disclosure cases resulted in convictions : 63% in Canada Including both convictions after trial (32%) and convictions resulting from guilty pleas (31%) We also know that 22% of the cases involved HIV transmission No HIV transmission 38% HIV transmission + no HIV transmission 18% Unknown 22%
Since non disclosure has been criminalised in Canada, we can observe an increase in the number of cases but also an escalation in charges An increasing number of defendants are facing charges of aggravated sexual assault which carries a maximum penalty of life imprisonment) as opposed to the lesser charges of aggravated assault which carries a max penalty of 14 years imprisonment. = but those are ones of the most serious offence in our criminal code and once again, can be used against a PHA even when they did not transmit HIV. As you may also remember, one PHA was convicted in Ontario of first degree murder for non disclosing his status in 2009 in the Aziga case. (Aziga was convicted of 10 counts of aggravated assault, one count of attempted aggravated assault and two counts of 1st degree murder for not disclosing his status to sexual partners. Murder charges require a specific intent. The prosecution argued that Aziga’s failure to tell the women “about his HIV status before, during and after he had unprotected sexual activity with them so they could obtain medical treatment, is evidence of the intent to kill [them].” This appears to have been the extent of the evidence regarding Aziga’s intent. ) It is the first HIV transmission murder conviction in the world There is a risk that the Aziga case may be interpreted as a basis for more regularly pursuing charges for murder or attempted murder, but that remains to be seen. To date we are aware of two cases where a person has been charged with attempted murder but these charges have not been proceeded so far Criminal negligence causing bodily harm (aggravated) assault – max penalty of 14 years imprisonment (aggravated) sexual assault – max penalty of life imprisonment Murder Attempter murder (max life imprisonment)
There is no offence in the Criminal code that applies to non-disclosure specifically. The rule was created by the Supreme Court in 1998 that interpreted the general dispositions of the criminal code and ruled that non-disclosure could, in certain cricumstances amount to an assault. According to the Supreme Court non-disclosure transforms consensual sex into an assault when: Non disclosure exposed an individual to a “ significant risk of HIV transmission” And that the individual would not have consented to sex had he/she known of his/her sexual partner’s HIV status In such cases, non disclosure is considered a a fraud that invalidates consent to sex and which results in sex being classified as an assault The assault is more and more qualified as sexual assault because it takes place in the context of sexual activities and also “aggravated” because the S C has considered that exposing someone to HIV infection is endangering his life. 4 things must be proved beyond a reasonable doubt for a person to be convicted for non disclosure of HIV status: 1- Person knew that he/she was HIV positive but the law may also apply to a person who knew there was a risk she/he was infected with HIV (we heard abut 1 case where a person pled guilty for non-disclosing the fact that he might have been HIV positive. He had sex between an HIV test and the result of his diagnosis 2- an act considered as dishonest: HIV non disclosure lie about HIV status 3- A harm or risk of serious bodily harm (HIV transmission) as a result of the dishonesty 4- The person would not have consented without the dishonest act.
What about the law? What are the recent legal developments in HIV non disclosure cases? As mentioned before, the rule is PHA has a legal duty to disclose HIV positive status before sex that represents a « significant risk » of HIV transmission How do we know what sexual activity constitute a “significant risk” under criminal law? According to Cuerrier, the decision by the Supreme Court of Canada : unprotected anal and vaginal intercourses represent a « significant risk » of HIV transmission = Duty to disclose But what about other sexual activities? How scientific progress, including anti retroviral treatment are taken into account? An man was acquitted in Switzerland because his viral load was undetectable based on a swiss statement by medical experts according to which people who have an undetectable viral load for more than 6 months, are under treatment and don’t have other STI’s or not infectious. Unfortunately, after 12 years, the law is still unclear . We don’t know with certainty what activities represent a significant risk of HIV transmission under criminal law and therefore, when there is a duty to disclose HIV positive status. In fact, the courts’ decisions are confusing and sometimes contradictory even if have recently seen some encouragement developments including in British Columbia. For a good understanding of the reasons why there is still uncertainty in the law, it is important to have a quick look at the judicial system in Canada In Canada the highest Court is the Supreme Courts which decision are binding (oblige) every other courts in Canada, whatever their level or province. It is a way to harmonize the case law, set big principles in the way to interpret the law in the code.Then each province has its own judicial system which include the trial courts at the lowest level and one court of appeal. Trials courts are bound by the decisions of the provincial CA and decisions of the SC. And CA are only bound by SC decision because at the provincial level they don’t have anything above them. CA have an important role. They have authority on lowest court in their province and an influential power on courts in other provinces. So far, most of the cases have been at the trial courts’ level only, and which did not really help to provide clarity in the law, but now, cases start to reach the Court of appeal level and recently we have seen few cases where the question of the interpretation of the notion of significant risk before a court of appeal. And these cases may provide some more clarity. Due to their importance in shaping the law in cases of HIV non disclosure, they are strategic cases and the LN as well as other organizations (BCPWA in BC or cocqsida in Quebec) intervened to provide their perspectives and expertise around the issue in the hope of influencing the decisions. We’ll see that we had recently some encouraging decisions
The decision is very important because: It recognizes the role of the science and that prosecutions must be based on science not fear and prejudice. Limits the scope of the criminal law to the very circumstances where the risk of HIV transmission is real. It clearly rejects the Crown’s argument that sex can never be consensual in the case of non-disclosure. The Court recognizes that this is not the law in Canada. the Court recognises that “[c]riminal sanctions should be reserved for those deliberate, irresponsible or reckless individuals who do not respond to public health directives and who are truly blameworthy.” Again, we welcome the decision of the Court for recognizing that either condom use or an undetectable viral load can be sufficient to preclude criminal liability. However, we regret that it does not provide certainty that, in all cases, the use of a condom or an undetectable viral load will remove the requirement to disclose. Consequences of the decision Lower courts (trial courts) in Manitoba will be bound by the decision of the Court of Appeal, which means that, in Manitoba, a person living with HIV cannot be convicted for (aggravated) (sexual) assault for not disclosing HIV positive status if a condom is carefully used or he/she has an undetectable viral load unless it is proven that, given the specific circumstances of the case, the risk of transmission is increased by additional factors. Outside Manitoba, the decision will not be binding but is likely to influence lower courts and Courts of Appeal from other provinces in Canada. However, as of now, we cannot exclude the possibility that the decision might be appealed to the Supreme Court of Canada.