Articles tagged with: The Supreme Court Of Canada

After Alabama… just one perspective

published: May, 30, 2016 Written by // Jeff Potts Categories // Activism, Conferences, Current Affairs, Events, Revolving Door, International , Legal, Guest Authors, Living with HIV, Jeff Potts

Jeff Potts reports back on the "HIV is not a crime" training academy for those advocating against criminalization of HIV non-disclosure

After Alabama… just one perspective

Once a trusted advisor to the President of the United States, Army Lieutenant Colonel Kenneth Pinkela was convicted of an alleged aggravated assault for HIV exposure in 2012, and he spent 272 days in a military prison. Kerry Thomas is living with HIV and an undetectable viral load. Even though he used condoms, and despite the fact that he never transmitted HIV, Kerry was convicted for non-disclosure of his HIV-positive status and was sentenced to 30 years in the Idaho State Correctional Cent

A bump in the road in bringing more supervised consumption sites to Canada

published: November, 01, 2014 Written by // Guest Authors - Revolving Door Categories // Revolving Door, Legal, Guest Authors, Opinion Pieces

We’re still stuck at one. An update from the Canadian HIV/AIDS Legal Network on the conservative government’s proposed Bill C-2's, a threat to supervised consumption sites - and to community health

A bump in the road in bringing more supervised consumption sites to Canada

In September 2011, the Supreme Court of Canada made a bold statement about the importance of harm reduction, and the lives of people who require harm reduction services, by allowing Insite - Vancouver's life-saving supervised consumption site - to remain open without risk of prosecution. The Court recognized that allowing a blanket prohibition on drug possession to apply even on the premises of such a health facility would undermine public health and put people at greater risk of preventable

Tell all - fresh thoughts on disclosure

published: January, 10, 2013 Written by // Bob Leahy - Publisher Categories // Activism, Living with HIV, Opinion Pieces, Bob Leahy - Publisher

Editor Bob Leahy slams the current emphasis on non disclosure in the HIV community and says it’s time to challenge stigma, reduce new infections and help end the epidemic by encouraging and aiding more people to disclose their status to the world

Tell all - fresh thoughts on disclosure

The need for talk. In these times where the conversation is all about NON disclosure, I’m becoming increasingly a fan of the very opposite. In short, I think many more people need to disclose Here’s the thing.  It’s unfashionable to say so, I know, but I think we should disclose, when we can do so safely, in almost all sexual and non sexual situations where it makes sense. So the mailman doesn’t need to know but our family needs to know, our friends and our health care professional

Understanding the Law, Part One

published: November, 12, 2012 Written by // Guest Authors - Revolving Door Categories // Current Affairs, Revolving Door, Legal, Guest Authors, Living with HIV, Opinion Pieces, Sex and Sexuality

What happens after the recent Supreme Court ruling on two cases involving the criminalization of HIV non disclosure? Here the Canadian HIV/AIDS Legal Network discusses the cases and tells us what they mean for our community and public health in general.

Understanding the Law, Part One

This material first appeared on the website of the Canadian HIV/AIDS Legal Network here. HIV non-disclosure and the criminal law: A summary of two recent decisions of the Supreme Court of Canada, R. v. Mabior, 2012 SCC 47 and R. v. D.C., 2012 SCC 48 The information contained in this publication is information about the law, but it is not legal advice. For legal advice, please contact a criminal lawyer. On October 5, 2012, the Supreme Court of Canada released important decisions in two case

Understanding the Law, Part Two

published: November, 12, 2012 Categories // Current Affairs, Sexual Health, Health, Revolving Door, Legal, Guest Authors, Living with HIV, Opinion Pieces, Sex and Sexuality

Peeling back the layers. What does the recent Supreme Court decision on criminalization mean for people living with HIV? This plain language Q and A explanation comes to us from the Canadian HIV/AIDS Legal Network.

Understanding the Law, Part Two

This material first appeared on the website of the Canadian HIV/AIDS Legal Network here. HIV non-disclosure and the criminal law: Implications of recent Supreme Court of Canada decisions for people living with HIV Questions & Answers On October 5, 2012, the Supreme Court of Canada released its decisions in the cases of Mabior and D.C. The Court decided that people living with HIV have a legal duty, under the criminal law, to disclose their HIV-positive status to sexual partners before h

Challenges of Disclosure

published: October, 30, 2012 Categories // Legal, Living with HIV, Opinion Pieces

Ken Monteith: “Many people who are removed from HIV in their own lives have very little understanding about just how difficult it can be to disclose your status to someone when you don't know how they might react.”

Challenges of Disclosure

After the Supreme Court decision earlier this month, I am struck once again with the realization that many people who are removed from HIV in their own lives have very little understanding about just how difficult it can be to disclose your status to someone when you don't know how they might react. I have often found it difficult or scary to disclose my status, and I'm an educated white man with a job that I wouldn't lose because of my HIV. But even perched atop all of my privileges, I can se

The Blame Game

published: October, 24, 2012 Written by // Michael Yoder Categories // Legal, Living with HIV, Opinion Pieces, Michael Yoder

Michael Yoder reacts to the recent Supreme Court decision on non disclosure: “we will never be able to legislate common sense.“

The Blame Game

  “…’I’ll be judge, I’ll be jury’ said cunning old Fury, ‘I’ll try the whole cause and condemn you to death.’” Lewis Carroll, Alice in Wonderland  The recent Supreme Court of Canada decision seems to have everyone reeling. On the one hand, they made a decision, which is a good thing. On the other hand, the decision has too many grey areas and we’re not all comfortable with that.  In talking with a sexual partner who is aware of my status, he supported the view th

After the Supreme Court - picking up the pieces

published: October, 24, 2012 Written by // Bob Leahy - Publisher Categories // Legal, Living with HIV, Opinion Pieces, Sex and Sexuality , Bob Leahy - Publisher

The legal landscape has shifted and we need to process that. Meanwhile, Bob Leahy has five things we aren’t talking about much.

After the Supreme Court - picking up the pieces

What interesting times we are in! The developing story of HIV,  with all its multiple threads, has always been a bit of a three-ring circus,  but now it’s more like a six-screen Cineplex. And the main feature these days, the Supreme Court ruling on the Mabior and D. C. cases, is now solidly occupying all six stages.  That’s understandable, but it’s hardly good. Barry Adam, in his excellent report on the impact of criminalization on people living with  HIV remarked  “disclosure

Criminalization - does the law make a difference to how we act?

published: October, 23, 2012 Written by // Bob Leahy - Publisher Categories // Research, Health, Legal, Opinion Pieces, Sex and Sexuality , Bob Leahy - Publisher

Research both in Canada and the U.S. suggests that disclosure laws aren’t a deterrent; people tend to comply anyway, even if they don’t know what the law is.

Criminalization - does the law make a difference to how we act?

Why do we have laws which criminalize HIV non disclosure?  Far for me to argue the “other side’s” case – but  the Cuerrier decision back in 1988 makes it clear it’s a mixture of deterrent and punishment. The deterrent, in this case, is a judicial attempt at HIV prevention. In fact many would argue the courts actions have been counterproductive and undermine more informed prevention work in a variety of ways, notably by putting the onus on the positive partner for safe sex, and i

It’s offensive

published: October, 15, 2012 Written by // Brian Finch - Founder Categories // Legal, Living with HIV, Opinion Pieces, Sex and Sexuality , Brian Finch

Brian Finch and the problem he has with media coverage of the criminalization of non disclosure issue, following the recent Supreme Court decision in Canada

It’s offensive

The recent Supreme Court Ruling about HIV disclosure was a surprising step backwards. It used to be that significant risk implied unprotected sex. There was far less science back then in the days of the Cuerrier decision (1998), when we were only two years into  revolutionary HAART treatment. But people with HIV on treatment are far less infectious now, often resulting in undetectable viral loads, the cornerstone of treatment as prevention strategies.  How is it then that treatment supposed

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