This paper challenges the way that the Supreme Court of Canada currently thinks about HIV non-disclosure. A one-sided disclosure obligation that is tied to the risk of harm reflects a shallow autonomy, bring the criminal law in line with important public health initiatives, and help combat the stigma surrounding HIV/AIDS. understanding of autonomy, consent, and the policy underlying the criminalization of sexual assault. The criminal law should recognize joint obligations to ask about and to disclose HIV status. These joint obligations promote a realistic and empowering view of sexual
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Kevin Rawluk, "HIV and Shared Responsibility: A Critical Evaluation of Mabior and DC" (2013) 22 Dal J Leg Stud 21.