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Ontario Court of Appeal adjourns HIV cases

Ontario Court of Appeal adjourns HIV cases

Hearing for two accused hinges on Supreme Court decision
Appeals from two men convicted of sexual assault because they did not disclose their HIV-positive status before having sex were delayed by the Ontario Court of Appeal June 25.
 
At the centre of the cases is whether condom use negates the legal obligation to inform sexual partners of your HIV status before having sex.
 
The legal test for conviction — which requires proof of “a significant risk of serious bodily harm” — is under review by the Supreme Court of Canada. That court is expected to specifically address condom use and criminal prosecutions when it releases its decision in Mabior later this year.
The two Ontario Court of Appeal cases are unrelated, but because they raise the same legal issues, they are being heard together. The names of the accused are public, but Xtra has so far declined to publish them. The names of the complainants are protected by a publication ban.
 
F was convicted on a number of charges, including sexual assault for nondisclosure even though he used a condom.
 
M was convicted of aggravated sexual assault, and the trial judge ruled that condom use was irrelevant.
 
Sexual assault carries a maximum penalty of 10 years in prison. The maximum sentence for aggravated sexual assault is life in prison. If the convictions stand, their names could be added to the sex offender registry permanently. Neither of the defendants are currently in jail.
 
The Canadian HIV/AIDS Legal Network and the HIV/AIDS Legal Clinic-Ontario intervened in the Ontario cases and presented a joint submission.
 
They argued that condom use reduces the risk of HIV transmission to 0.016 percent and therefore should be a complete bar to prosecution. They further argued that even when a condom is not used, in some cases the risk of transmission is too remote to constitute a “significant risk.”
 
The adjournment was a surprise to some HIV advocates. About 20 people packed into the court's viewing gallery wearing T-shirts with the words “HIV positive” written on them, expecting to hear the arguments of the appeal. Instead, the judges acknowledged them, saying that the issue was important to many but announced their decision to hold off on the hearing until the Supreme Court's decision in Mabior is released.
  
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Comments

Lester Felix Appeal
I hope they both win the appeal. It is stupid how they spent years in prison when no infection occurred. We have all learnt in grade school to wear condoms so why doesn't anyone put any blame on any of the women who were having wreck less sex with them. I can only fault someone if they actually pass the virus but if the end result consists of no infection then call it what it is, 2 people who had sex... Period. Even if one is to say they took away the option we need to ask ourselves if these women knew that std's existed in this world before they decided to have sex with them. The law needs to stop seeing these people as clueless people who do not know the world that they live in. The fact that Felix's viral load is low only makes me ask how the judge could of came up with an aggravated sexual assault charge without even looking into medical evidence or seeing the strains of HIV they had to help with making a ruling. I call that a stereotypical injustice!


NOT ALL STRAINS OF H I V is the Same!!

And if a judge makes a ruling using 0 medical evidence that looks past an HIV diagnosis. I cannot help but to see thesE cases as a ..........


Stereotypical injustice !!!!!!!!!

Good luck with the appeals, I hope the HIV community really gets tOgether and supports these guys!!
Discrimination...
If you knowingly give me Hep C, do you become a criminal? No? Why Not? It is a death sentence.
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If you give me pneumonia, cholera, the plague, bacterial infections, the cold/flu while knowingly carrying this around, do you become a criminal? No? Why not? To me these things are death sentences and have been since I was a kid.
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Wear a fucking condom, accept personal responsibility for your own actions and stop trying to quarantine and criminalize the Gays. Or else make the law across the board. You can't have it both ways. Only NAZI'S support this shit.
Ralph, nice try
it's not about not giving informed consent, it's about discrimination, and criminalization of mostly Gay Men. if it was about anything else, then those fuckers knowingly spreading diseases in public putting my health at risk would be rounded up and imprisoned. I can die from pneumonia, get it? No round of long-term meds will save me, unlike HIV which is mostly NOT a death sentence. But I can die from Pneumonia, almost have twice and each time it was given to me knowing walking around with pneumonia. And what about Hep C? That is a death sentence! Round them ALL up, why just pick on the Gays? And that's what this is, oh sure we'll cover the true intent by publicizing some black man screwing with white women to appease the innate hatred of the populace and their racism for justification of directed discrimination, but in the end, it's GAY MEN.
tim
All i know is every time i see a news report on some flu going around in asian countries, you see people on the metros wearing masks to protect strangers.

What does it say about us that we don't even care about our partners' health, to the point of defending people's right to get others sick without informed consent or judicial consequence.
Hey Ralph....
I totally agree...as you say..."Knowingly passing a disease should be treated as manslaughter."...ALL diseases not just those by the GAYS. ALL of them! You wanna give me the flu, FU! You wanna give me Hep FU!!!!!!!!!!!! These fuckers on the subway coughing and spewing their shit all over the place, giving me Pneumonia, Bronchitis who or who knows what? Round the fuckers up! This shit can kill me! HIV? I'm not worried about that, I'm worried about some imported infectious fucked-up disease I'm going to get from some fucker who failed to mention he may have TB or Cholera as he illegally entered the country while he gleefully rides the subway coughing and spewing everywhere he goes. HIV? That's the LEAST of my concerns. I agree with you Ralph,..."Knowingly passing a disease should be treated as manslaughter."
meh
if a guy had something and they knew and didn't tell me, they'd end up needing protective custody.

Knowingly passing a disease should be treated as manslaughter. Potential partners have a right to know what dangers are involved.
Don't worry
Don't worry judgejudy, the Supreme Court of Canada will likely accept the arguments of AIDS activists and rule that HIV-positive people have no legal duty to disclose their HIV status before having protected or unprotected sex. Instead, the law of the jungle will rule. If you're HIV-negative and you choose to have bareback sex with strangers, don't be surprised if one of them infects you. If you're HIV-negative and you choose to have condom sex with strangers, don't be surprised if one of them secretly takes the condom off during sex and infects you. That is the law of the jungle. That is the reality of sex with strangers in the gay male community. Happy Pride.
Ah, the creation of undesirables...
(Nazi history anyone?)and if history is any indicator you can bet that those with HIV will be criminalized further. All thanks of course to "advocates" such as HALCO who god help us are interveners in the case. They among other "advocates" and "advocate" organizations dropped the ball in the first place by supporting the criminalization of HIV. The door is now WIDE-OPEN to perpetrate legal hate based discrimination, especially against Gay Men. Rather than being proactive and preemtive they chose an act of violence against the HIV community, just a little one, you know, supporting just a little HIV criminalization. An act so obscene a Board member resigned over the issue.....
http://www.xtra.ca/public/Toronto/Time_to_stand_against_the_criminalization_of_HIV-7529.aspx.......Hmmn? I wonder how this is all going to go? Yep, we've seen this before. ALL HIV Positive people have very much to fear. I hope I'm wrong.
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