How HIV Law Could Spread the Disease
On Friday morning, the Supreme Court of Canada will rule on a particularly contentious issue -- the question of if/when an HIV-positive person is required to disclose their status. At the crux of Cuerrier was the issue of consent, and in 1998, the SCC ruled that one could not reasonably consent to sexual activities without knowing their partner's HIV status. Recklessness is merely exacerbated by the legal situation. This is perhaps the most troublesome aspect of using legal sanctions to deal with what is really a public health issue; people will actively avoid getting tested because it might help them avoid legal consequences.