High court to weigh in on HIV disclosure

published on February 9, 2012 in Metro News

If HIV-AIDS is no longer a death sentence, should not disclosing an infection to a partner still carry a jail sentence?

Supreme Court of Canada judges will contemplate that very question Wednesday as two cases, from Manitoba and Quebec, bring the disclosure debate to the nation’s highest court.

The B.C. Civil Liberties Association is arguing that using the Criminal Code to persecute those that fail to disclose their disease is too harsh in all but the most extreme cases.

Lawyer Michael Feder said advances in treatment over the past two decades — allowing patients to live normal lives with virtually undetectable HIV viral loads — calls for a fresh look at the issue.

“The body of law is misguided. Everyone is responsible for their own sexual health — it shouldn’t be the subject of criminal law,” Feder said. “It’s hard to imagine a disease that has seen more significant advancements and treatments in the last 20 years. It’s not a death sentence, but the stigma still persists.

“People tend to grossly overestimate the risk of transmission — which is far less than one per cent for a person going through treatment.”

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© Copyright BC Centre for Excellence in HIV/AIDS
St. Paul's Hospital 608–1081 Burrard Street, Vancouver, BC, Canada V6Z 1Y6
Tel: 604-806-8477 | Fax: 604-806-9044
General inquiries: info@bccfe.ca
Media inquiries: communications@bccfe.ca
(Please do not use any of these email addresses to send personal information or book an appointment. To book appointments or contact the H2H clinic, please call 604-416-1517 or fax: 604-564-4893. Do not send your or your client's personal information via email.)

Our work serves clients and communities across British Columbia on lands and waters cared for and nurtured by the many distinct First Nations across the province. The BC-CfE humbly and gratefully acknowledge the stewards of these lands, particularly the xʷməθkʷəy̓əm (Musqueam), Sḵwx̱wú7mesh (Squamish), and səl̓ílwətaʔ (Tsleil-Waututh) on whose unceded, traditional and ancestral territories our offices are located.