If you are dating a Canadian resident, be careful. The Supreme Court of Canada has ruled that HIV carriers can withhold their HIV status from sex partners as long as they wear a condom and their HIV levels are low.
In a 9-0 ruling Friday, the Supreme Court reversed an earlier ruling that HIV positive individuals must inform their sex partners of their status.
The court said it was reflecting the medical advances in treating the virus that causes AIDS since it first ruled on the issue in 1998 and left open the possibility of adapting to future changes in science in medicine.
The court ruled 14 years ago that people with HIV must inform their sex partners of their condition, or face a charge of aggravated sexual assault, which carries a maximum life sentence.
Now, that duty to disclose has been removed as a long as the HIV carrier has a “low load” of the virus and wears a condom.
“On the evidence before us, a realistic possibility of transmission is negated by evidence that the accused’s viral load was low at the time of intercourse and that condom protection was used,” Chief Justice Beverley McLachlin wrote on behalf of the court.
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