HALCO and the Canadian HIV/AIDS Legal Network intervened in the case of R. v. Hutchinson at the Supreme Court of Canada.
The Supreme Court’s decision was released on March 7, 2014, and we are pleased that the majority of the Supreme Court rejected the Crown’s argument and agreed with the approach that we presented.
The Hutchinson case was about fine distinctions in the law of sexual assault that could have had very broad and negative implications for people living with HIV. The Crown’s approach to this case may have made the application of the criminal law even wider than it already is, thereby potentially leading to a duty to disclose HIV status even if there was zero risk of HIV infection.
For more about the case and our position as interveners, please see the HALCO and Canadian HIV/AIDS Legal Network Statement:
- Statement in English: www.halco.org/wp-content/uploads/2014/03/Hutchinson-decision-Statement-2014Mar7-ENG.pdf.
- Statement in French: www.halco.org/wp-content/uploads/2014/03/Hutchinson-decision-Statement-2014Mar7-FR.pdf.
You can read the decision on the Supreme Court of Canada website: http://scc-csc.lexum.com/scc-csc/scc-csc/en/item/13511/index.do .
If you are living with HIV in Ontario and you have been charged with an HIV-related crime, please contact us.