The legislature and judiciary in Saskatchewan have not developed the legal position on HIV criminalisation beyond the federal standard. As such, the law reflects the position outlined in R. v Mabior.
Research by the HIV Legal Network identified two cases of HIV non-disclosure in Saskatchewan. The first case resulted in a conviction for two counts of aggravated sexual assault in 2007 for a man living with HIV accused of having unprotected sex without disclosing his status to two partners. Although the man denied that he had unprotected sex after finding out his status, and HIV was not transmitted to his partners, he was sentenced to five and a half years’ imprisonment. In a second case in 2008, a man serving a prison sentence in Ontario for three counts of aggravated sexual assault was charged with an additional count in Saskatchewan for alleged non-disclosure.
Additionally, we are aware of a criminal case for ‘exposure’ through spitting. In this case in 2021, a man living with HIV spat on a staff member of a hospital in which he was being treated for a mental health condition. He was convicted and given a six month community sentence to be served in the hospital rather than in prison.
For more information on the current state of the law and prosecutorial guidelines in Canada, visit the HIV Legal Network’s HIV criminalisation microsite.
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