By David Cozac
Read or Download HIV AIDS Policy & Law Review - Vol 15, No. 2, 2011 Apr PDF
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Additional info for HIV AIDS Policy & Law Review - Vol 15, No. 2, 2011 Apr
Example text
She found that the level of risk would only fall below significant when viral load was undetectable and condoms were used. On appeal, the Canadian HIV/ AIDS Legal Network was granted status as an intervenor, and argued, along with the defence, that the trial judge made two errors with respect to assessing the risk of harm. First, due to the nature of the potential harm, the trial judge required that there be no risk of transmission at all. Second, she misconstrued the evidence about the risk of transmission in situations of protected sexual inter- HIV/A IDS POLICY & L AW R E V I E W HIV/AIDS course and this mistake was central to her reasoning.
371 (Supreme Court of Canada). 3 R. c. , 2010 QCCA 2289. 4 COCQ-SIDA, R. c. : Summary of the decision of the Court of Appeal of Quebec. 2010. 5 Ibid. 6 R. v. C. Supreme Court). 7 R. v. Parenteau, 2010 ONSC 1500. All quotes in this article are translations from French. 8 R. v. R. 371. 9 R. v. Mercier, 2011 QCCQ 198. All quotes in this article are translated from French. 10 R v. Pottelberg, 2010 ONSC 5756. 11 No first name noted in decision. 12 R v. Williams, 2003 SCC 41. 13 R v. C. (3d) 1. 14 T.
She found that the level of risk would only fall below significant when viral load was undetectable and condoms were used. On appeal, the Canadian HIV/ AIDS Legal Network was granted status as an intervenor, and argued, along with the defence, that the trial judge made two errors with respect to assessing the risk of harm. First, due to the nature of the potential harm, the trial judge required that there be no risk of transmission at all. Second, she misconstrued the evidence about the risk of transmission in situations of protected sexual inter- HIV/A IDS POLICY & L AW R E V I E W HIV/AIDS course and this mistake was central to her reasoning.