Overview
As a territory rather than a province, lawyers in Yukon 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 identified one case of HIV non-disclosure criminalisation in Yukon between 1989-2020. However, we are not aware of the details of this case and have not received any further reports of 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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