Criminal Law and Non-Disclosure of HIV Status in Canada
There is a lot of great news about HIV and being Undetectable. However, the law in Canada has not caught up to the medical facts about being Undetectable.
As noted in the recently released Canadian consensus statement on HIV and its transmission in the context of criminal law: "A poor appreciation of the science related to HIV contributes to an overly broad use of the criminal law against individuals living with HIV in cases of HIV nondisclosure."
Under the criminal law in Canada, people who know that they are HIV positive have a duty to tell their sexual partners before they engage in activity that poses a “realistic possibility” of HIV transmission. The courts are currently interpreting this to mean that you must disclose to a sexual partner unless you BOTH have a low viral load (below 1,500) AND use a condom.
If you are planning on having condomless intercourse even with an undetectable viral load you must disclose your HIV status to your partner.
Please see the following if you would like more information: http://www.aidslaw.ca/publications/interfaces/downloadFile.php?ref=1887