INJUSTICE AMPLIFIED BY HIV NON-DISCLOSURE RULING

Abstract

This article notes that the Supreme Court’s punitive approach in Mabior and DC is out of step with recent scientific and medical advancements with respect to HIV transmission and treatment. It argues that while the Court set out a risk-based test to determine when HIV disclosure is legally required, it did not appropriately weigh the evidence regarding the risk of HIV transmission. It predicts that the judgment will have an unfair and disproportionate impact on already marginalized people, including newcomers, those in violent relationships, and those without access to treatment. Finally, it questions whether the new legal test for HIV non-disclosure cases reflects Charter values.