R V Mabior Case Summary

Facts of the Case On October 5, 2012, the case of R v. Mabior was taken to the Supreme Court of Canada; her Majesty the Queen is the appellant, and Clato Lual Mabior, the respondent. As well, nonparties known as the interveners are of grave importance to this imperative matter. There were a total of twelve interveners, including: Canadian HIV/AIDS Legal Network and HIV & AIDS Legal Clinic Ontario, just to name a few (see Appendix A for full list). This case falls under the scope of criminal law, in which the respondent is accused of criminal conduct. Mabior was charged with a total of nine counts of aggravated sexual assault, based on failure to disclose his HIV-positive status before engaging in sexual relations. This case raises the issue whether an individual who is HIV-positive engaging in sexual relations without disclosure of his condition commits aggravated sexual assault. Mr. Mabior lived in Winnipeg, with a house known as a “party place”. On occasion, Mabior would engage in sexual relations with women who came to his house, including the nine complainants. Mabior never told the complainants he was HIV-positive before having sex with them, even telling one of them that he was free of STDs. Sometimes he wore condoms, and sometimes he did not; the nature of the precautionary …show more content…
If no realistic possibility of transmission exists, then failure to disclose HIV status will not constitute as fraud vitiating consent to sexual relations, as outlined in the Criminal Code, s. 265 (3). The test of realistic possibility of transmission is specific to HIV, depending on both the degree of harm and the risk of transmission (R v. Mabior, 2012, [V.A.: