Overview
As a territory rather than a province, lawyers in Nunavut are bound by the federal prosecutorial directive issued by the Attorney General in 2018. This means that prosecutions for HIV non-disclosure cannot occur where the person living with HIV has maintained a suppressed viral load, and should generally not occur where they were taking treatment as prescribed, used condoms, or engaged only in oral sex.
Research by the HIV Legal Network did not identify any cases of HIV non-disclosure in Nunavut. Similarly, we are not aware of any reports of HIV criminalisation in the territory.
For more information on the current state of the law and prosecutorial guidelines in Canada, visit the HIV Legal Network’s HIV criminalisation microsite.
Acknowledgements
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