R v Cuerrier

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R v Cuerrier

R v Cuerrier is a landmark legal case in Canadian law that dealt with the issue of HIV transmission and informed consent. The case was heard by the Supreme Court of Canada in 1998.

Background

In 1992, a man named Clayton Cuerrier was charged with aggravated assault for having unprotected sexual intercourse with two women without disclosing his HIV-positive status. The case raised important legal questions regarding the duty to disclose one's HIV status to sexual partners.

Legal Proceedings

During the trial, the court had to determine whether Cuerrier's failure to disclose his HIV status constituted fraud, which could result in criminal liability. The case ultimately reached the Supreme Court of Canada, which had to decide whether individuals living with HIV have a legal duty to disclose their status before engaging in sexual activity.

Supreme Court Decision

In its decision, the Supreme Court ruled that individuals living with HIV have a legal duty to disclose their status to sexual partners before engaging in activities that pose a significant risk of transmission. The court held that failure to disclose HIV status could constitute fraud and result in criminal liability.

Impact

R v Cuerrier set an important precedent in Canadian law regarding the duty to disclose HIV status. The case highlighted the importance of informed consent in sexual relationships and the legal obligations of individuals living with HIV.

See also

• HIV/AIDS
• Informed consent
• Supreme Court of Canada