R. v. Mabior

2012 SCC 47

Mabior was charged with nine counts of aggravated sexual assault under ss.265(3)(c) and 273 of the Criminal Code, based on his failure to disclose his HIV‑positive status to the complainants before having sex with them. Applying the “Cuerrier test” established in R. v. Cuerrier [1998] the Court acknowledged that the values enshrined in the Charter are to be taken in to account in interpreting s. 265(3)(c) of the Criminal Code, even though the Charter was not directly engaged in this case. This consideration is reflected in the Supreme Courts decision which advocates the need to view each sexual partner as an autonomous, equal and free person, to choose whether to consent to sex with a particular person or not, aswell as acknowledging that a person should be able to predict whether a particular act constitutes a crime at the time the act is committed.

SCC Reasons for Judgment

Faculty of Law Research and Commentary Discussing R v. Mabior

Isabel Grant, Martha Shaffer and Alison Symington, “Introduction,” (2013) 63 Univ of Toronto LJ 462.

Martha Shaffer, “Sex, Lies and HIV: Mabior and the Concept of Sexual Fraud,” (2013) 63 Univ of Toronto LJ 466.


Date Document
Appellant – Her Majesty the Queen
2011-10-18 Respondent – Mabior
2011-12-28 Intervener – Canadian HIV/AIDS Legal Network
Intervener – HIV & AIDS Legal Clinic Ontario, Coalition des organismes communautaires québécois de lutte contre le sida, Positive Living Society of British Columbia, Canadian AIDS Society, Toronto People With AIDS Foundation
Intervener – Black Coalition for AIDS Prevention, Canadian Aboriginal AIDS Network
2012-01-05 Intervener – British Columbia Civil Liberties Association
2011-12-20 Intervener – Criminal Lawyers’ Association of Ontario
2012-01-16 Intervener – Association des Avocats de la Défense de Montréal
2012-01-24 Intervener – L’institut national de santé publique du Québec