October 9, 2012 | Sex & Society

In Canada, you must disclose HIV status, unless ...

Canada’s Supreme Court ruled late last week that a person is not always legally required to advise sexual partners of his or her HIV+ status. The court found that in very specific cases such disclosure was not required by law. 

The Court ruled that individuals with “low levels” of HIV and who use a condom are not obligated to disclose their HIV status to sexual partners. All nine judges agreed, claiming that the "realistic possibility of transmission of HIV is negated" provided the carrier of the virus has a low viral load and uses protection during sexual intercourse.

This still means that HIV+ men risk being charged with aggravated  assault if they have condomless sex or if they use a condom but have a significant viral load - but only if they do not tell their partner. 

One of the cases the Supreme Court reviewed involved a Sudanese man who had sex with multiple women, including a 12-year-old girl, and did not notify them of his status. The court found that charges against him for aggravated assault should stand in instances where a condom was not used, but charges should be dropped in cases where a condom was used based upon the low levels of HIV in his system.

Not everyone was happy with the court's decision, saying it still criminalizes those with HIV.

"Why should people who do use condoms and protect their partners ... why should they be criminalized if they can't prove a (low) viral load?" asked Alison Symington, senior policy analyst with the Canadian HIV/ AIDS Legal Network. "It's fine to say the court isn't targeting these people, but that's what the law is."

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