R. V. Mabior Case Study

Superior Essays
FIDO
FACTS
In Winnipeg, Manitoba, Clato Lual Mabior did not disclose to his partners that he was HIV positive. This occurred between 2004 and 2005. (CBC News, 2014) He was taken to court by nine complainants. However, none of them contracted HIV. Eight of nine of the complainants claimed they would not have had intercourse with Mabior if they knew about his HIV status. During the time, the accused was undergoing antiretroviral therapy. He was having both protected and unprotected sex, as it was discovered he used a condom with five of the women and no condom with the other 4 (S.H, D.C.S, D.H) women. Mabior was charged with nine counts of aggravated assault due to his failure to disclose that he is HIV positive. Although it was criticized for
…show more content…
V. Mabior case has a major significance on Canadian society. It clarifies that it is important to disclose one’s HIV positive status, along with any other transmissive STD, as it may have a realistic possibility of transmission. It also reminds those who are HIV positive that the only way a realistic possibility of transmission is negated is if the person has a low viral load and uses a condom during sexual intercourse. HIV is particularly relevant in the lives of men who have sex with other men (MSM). According to statistics taken in 2014, MSM represent 2.4% of the Canadian population, yet are 131% more likely to get HIV then men who do not have sex with men. Furthermore, 57% of all new HIV infections in Canada are in MSM and 54% of these new infections were transmitted via sex. (Challacombe L, 2017) In a community where STDs are more common, the Court’s decision helps MSM navigate what should be done in similar situations. This decision raises awareness for HIV and the people who have this condition. It evokes people to ensure that they are having protective sex, discussing their sexual health with their partners, and establishing a relationship based on consent. On the other hand, the Court’s decision reminds people who have intercourse with the opposite sex that HIV isn’t only prevalent in homosexual relations. Many have the idea that HIV and Aids are nonexistent in opposite sex relationships, which could affect the way in which they approach protection and consent. Again, this case did indeed have a huge social significance and impact on the Canadian

Related Documents

  • Superior Essays

    R. V. Hauser Case Study

    • 1686 Words
    • 7 Pages

    While studying the case R. v Hauser, it is clear to see why it is known to be one of the leading constitutional decisions in understanding the workings of Peace, order and good governments in relation to a power struggle of jurisdiction. The whole case surrounds the question on whether the Attorney General, or the Attorney General of Canada should have the power to control the prosecution under the Federal Narcotics Control Act. It is a battle for powers of jurisdiction in regards to the criminal code, and more so the Narcotics Control Act; (NCA), 1961. The Narcotics Act was once Canada’s national drug control statue prior to its repeal in 1996 where the Controlled Drugs and Substance Act took its place. The NCA upheld an international treaty which prohibited the production, and supply of specific drugs; normally narcotics, unless given a licence for specific…

    • 1686 Words
    • 7 Pages
    Superior Essays
  • Improved Essays

    R V Gonzales Case Study

    • 1517 Words
    • 7 Pages

    R v. Gonzales refers to a criminal case of a triple parricide by twenty year old Australian BOS: 28744455 Sef Gonzales which occurred on the 10th of July 2001. Sef’s motives for killing his father Teddy, Mother Mary Loiva and sister Clodine derived from his parent’s unattainable high expectations of him and his desire to financially benefit from their death. Having premeditated his crime, Sef entered Clodine’s room at 4pm armed with two kitchen knifes and a baseball bat and killed her. The cause of her death was the combined effect of the compression of her neck, the blunt force injuries and abdominal stab wounds. Sef’s mother arrived home an hour later and was ambushed in the living room by Sef, stabbing her multiple times, severing her windpipe.…

    • 1517 Words
    • 7 Pages
    Improved Essays
  • Improved Essays

    The Mabo Decision

    • 884 Words
    • 4 Pages

    Outline the importance of the Mabo Decision, Native Title Act and Wik Judgement for the Land Rights movement (5 marks)
The Land Rights movement aimed to lead Aboriginal people towards regaining access and ownership to their sacred sites and traditional lands that were lost by European settlement. This movement was instigated by Charles Perkins through his Freedom Ride in 1965 and Vincent Lingiari, the elder of the Gurindji people, who promoted the Wave Hill Strike in 1966. In 1992, Eddie Mabo, on behalf of the Murray Island people, successfully overturned the concept of ‘terra nullius’ in the High Court as they ruled that Australia was occupied at the time of British settlement. In due course, this decision led to the creation of the Native…

    • 884 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    R V. Tran, 2010 SCC 58

    • 315 Words
    • 2 Pages

    The Supreme Court of Canada is the foundation of Canadian Law in our society. It keeps the criminals at bay, and the innocent free. In my opinion, the Supreme Court of Canada does it’s job in upholding a high standard of effectiveness and success. It effectively balances the rights of individuals against the needs of society The case R v. Tran, 2010 SCC 58, [2010] 3 S.CE. 350 clearly portrays the effectiveness of the Supreme Court of Canada.…

    • 315 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Crocker v. Pleasant Kalei Webb MTS 120 Mortuary Law Carl Sandburg College The case Crocker v. Pleasant is an example of the negligent to use reasonable means to contact the next of kin of Jay Crocker and therefore violating the Crocker’s right to due process. This paper of awesomeness will discuss the allegations of the Crocker family against a police officer named Pleasant for his failure to use reasonable efforts to notify the next of kin for the recently deceased Jay Crocker. As well as, a possible violation of the Crocker family’s right to due process and some possibility of dealing with mental anguish that they suffered because of the city’s lack of training, discipline, and watching over the conduct of the police officers…

    • 756 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    R V Labaye Case Study

    • 1458 Words
    • 6 Pages

    This essay will discuss the case of R v. Labaye. A summary of the nature of the proceeding and the judges writing decision, facts, legal issues, the decision, judicial reasoning and a thorough analysis will be addressed in this essay. I prefer the reasoning of the majority decision as it is reasonable and ethical. The nature of the proceeding is an appeal heard from the Supreme Court of Canada.…

    • 1458 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    In her speech Glaser talks about how Americans need to change the government in order to make America safe and give the people who need help a place of hope. To begin Glaser states that “Along the way I learned how unfair America can be today, not just for people who have HIV but for many, many people” (2). She Uses pathos to start her argument that the the government is selfish and greedy. Glaser brings to attention that other Americans are being affected by our government. She builds up a foundation to build her points on the subject of government by connecting other Americans to people who are infected with HIV and AIDS.…

    • 1360 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    R V Morgentaler Case Study

    • 1205 Words
    • 5 Pages

    Humans developed many different upgrades to technology purposed towards making life comfortable. While a majority of the time research and science is considered to be purposed for helping humans there will also often be a medical research project which might go against our religious values. A good example can be considered as abortion, which is a medical procedure purposed towards helping girls and women. In Canada, we as Canadians take great pride in our culture, kindness, and hospitality. Although ironically taking a look back in history when Canada was in the developing stages, it was made illegal for a woman to get an abortion outside of a hospital under S. 251 of the criminal code.…

    • 1205 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Lawyers and judges throughout cases used outdated information based upon stigmatism against HIV positive individuals with more force that was necessary for the case. Hoppe visits the information of several cases in which this occurred including the case of Brenda J. and Franklin C. The cases span before treatment had been discovered for those living with HIV and after. It is noted that even after treatment, HIV positive individuals still had the poorly informed stigmatism of HIV being a death sentence and false medical information used against them.…

    • 1100 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    The case “Duty to Violate Confidentiality?” portrays a very controversial matter. It is a conversation between two therapists, Dr. Tad Knowles and Dr. Susan Thomas. Dr. Knowles was disclosing his patient, Ben Therman’s information and stated that Therman has been his patient for five years and concluded that he is HIV positive. Munson states that “AIDS is the disease produced by the human immunodeficiency virus (HIV). People infected with HIV are diagnosed with AIDS when the number of CD4 cells of their immune system falls below two hundred cells per cubic millimeter.…

    • 1626 Words
    • 7 Pages
    Improved Essays
  • Great Essays

    The Safe Streets and Communities Act is an omnibus bill that consists of nine smaller bills that the conservatives failed to pass, which have now been put together to create Bill C-10. Bill C-10 includes the Increasing penalties for organized crime act, Protecting society from violent offenders act, Ending house arrest for property and other serious crimes act, Eliminating pardons for serious crimes act, Protecting children from sexual predators act, Increasing offender accountability act, International transfer of prisoners back to Canada act, Supporting victims of terrorism act, and the Protecting vulnerable foreign nationals against trafficking, abuse and exploitation act (Safe Streets and Community Act, 2012). The Safe Streets and Communities…

    • 1231 Words
    • 5 Pages
    Great Essays
  • Improved Essays

    Superior Court Case Study

    • 917 Words
    • 4 Pages

    Serena Pang Professor Karl A. Boedecker BUS 301 April 6, 2017 I. Court(s) visited: San Francisco Criminal Divisions of the Superior Court, which is located in 850 Bryant Street, San Francisco. II. Day(s) and Time(s) Thursday, March 23, 2017 at 1:30 p.m. III. Judge: I could not hear the name of the Judge.…

    • 917 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    R V Mulvihill Case Study

    • 852 Words
    • 4 Pages

    The offender gave evidence at trial accounting for the extent and spread of the secondary injuries to Ms Yeo's face and hands consistently with his case that neither of the fatal stab wounds were the result of his actions. He said the fatal stab wounds and secondary injuries were sustained after Ms Yeo produced the knife when, after she had allowed him into her unit so that they could talk about their relationship, an argument…

    • 852 Words
    • 4 Pages
    Great Essays
  • Superior Essays

    Stigma and discrimination have various consequences for people who are living with HIV. First of all, they are treated as outcasts by family members, friends or even the community. Second, many may receive poor treatment in healthcare facilities or in schools, there human rights may be viol­ences and they may have psychological damages. This can result in not getting tested for HIV or not receiving treatment or visiting counselling…

    • 2493 Words
    • 10 Pages
    Superior Essays
  • Improved Essays

    "If you knew I was HIV positive would you still treat me as an equal, would you still be my friend, would you still touch me, would you still love me?” These are some of the thoughts that go through the minds of the millions of people worldwide who are currently living with HIV/AIDS. Despite the mass impact of the disease, many still remain ignorant to its definition, history, and effects, leading to the negative associations of those affected. I’m here to give you a brief enlightenment of HIV/AIDS in an effort to to lessen the misconceptions and stigma of HIV/ AIDS. First, we need to understand the basics.…

    • 1048 Words
    • 4 Pages
    Improved Essays