ACAS Settlement Program - FAQ

Please note: The answers listed here are for informational and reference purposes only, and is not intended as legal advice.  Please consult your local Legal Aid Ontario community legal clinic, the HIV & AIDS Legal Clinic (Ontario), or a lawyer practicing the relevant area for legal assistance or representation.

Criminal Law

3b1. Do I need to disclose my HIV status to a sexual partner or to someone with whom I share a needle?
A: Generally, the answer is yes.  Failure to disclose your HIV positive status to a sexual partner before engaging in unprotected sexual intercourse, or to a person with whom you share a needle during intravenous drug use, may subject you to potential criminal investigation and/or prosecution.  Even if you do not know your HIV status, you may be still be subject to criminal liability if you are aware that you have been exposed to the risk of HIV infection.
Please consult the HIV & AIDS Legal Clinic (Ontario) immediately if you have been accused of non-disclosure of your HIV status by a sexual partner or by a person with whom you shared a needle.
For reference material, please see:
http://www.aidscalgary.org/news/FactSheet4Disclosure.pdf.pdf
http://www.aidslaw.ca/EN/publications/index.htm