Disclosure & Criminalization

In 2012, the Supreme Court of Canada ruled that disclosure of HIV status prior to sexual activity was required where there is a realistic possibility of transmission. If there is no “realistic possibility” of transmission, a lack of disclosure does not constitute a crime. The court clarified that if a person used a condom and had a low viral load (under 1,500 copies/ml of virus in their body), there would be no realistic possibility of transmission.  

 If you are HIV-positive and need more information or legal advice, contact the HIV & AIDS Legal Clinic Ontario (HALCO) at 416-340-7790 or 1-888-705-8889 (toll-free in Ontario).

You can also get information from your local AIDS service organization (ASO). To find an ASO and other HIV/AIDS programs near you, contact the Ontario AIDS and Sexual Health InfoLine. For information in English and many other languages call: 416-392-2437 or 1-800-668-2437 (toll-free in Ontario), and for French call: 1-800-267-7432 (toll-free in Ontario). The InfoLine is free and anonymous.

In Ontario, you can dial 211 on your phone or visit 211 Ontario to find an ASO and other HIV/AIDS programs in your city or town. Use your location to find services near you. You can also visit HIV411.ca and search for an ASO using your postal code, or the name of your city or town.