The,First,Case,HIV,Murder,Cana law The First Case of HIV Murder in Canada


Bankruptcy is a situation, wherein an individual is termed as unable to discharge all the debts. When a person or a company is not able to pay off its creditors, it has an obligation to file a bankruptcy suit. In fact, a bankruptcy suit is a When you work with an attorney, you will have no problem reducing the risks associated with getting your case in front of a judge and jury, or other formal court, when you need to. However, every case is different. It is important to work wi


While modern societyis constantly evolving more and more cases and laws become unique and new.Sometimes such cases are great victories in human rights related cases, butsometimes they don’t bring much good thoughts. This article will be devoted toa new type of murder in Canada– HIV murder. Johnson Aziga aUgandan-born Canadian man from Hamilton, Ontario, Canada,is the first person that was recently charged and convicted of first-degreemurder in Canadafor spreading HIV. Aziga was diagnosed with HIV in 1996, but he continued tohave unprotected sex and didn’t inform his partners that he was HIV-positive.He had sexual relations with thirteen women seven of whom later tested positivefor HIV. Two of these women died of AIDS complications in December 2003 and May2004. Aziga was arrested in August 2003 and in November 2005 the judge ruledout that there is sufficient evidence for Aziga to stand trial. The trial wasmoved several times and begun only in October 2008. During the trial Aziga'sformer girlfriends claimed that he lied about his HIV status and continuedhaving unprotected sex. It was earlier ruled out that persons who are notinformed that a sexual partner is HIV-positive cannot truly give consent to sex,the courts verdict was based on this decision and that’s why, the death of thetwo women is automatically considered to be murder instead of a lesser chargesuch as manslaughter. Which resulted in greater punishment. The HIV community criticizedthis decision and it was described as "not particularly helpful" by RichardElliott, deputy director of the Canadian HIV/AIDS Legal Network. He also arguedthat it may lead to a "dominant impression out there of people living withHIV as potential criminals, which is not an accurate or fairrepresentation." Still in most similar cases in Canada and other countries most ofthe defendants infected their partners intentionally as a menace to society. While the case of JohnsonAziga is the first HIV murder case, there are a number of related cases in Canadathat had lesser punishments. Charles Ssenyonga, a Ugandan immigrant living in London, Ontariowas the first person that was charged with failing to disclose his HIV statusto a sexual partner, however he died before a verdict was rendered in his case.There were also few similar cases from 1992 to 2007 but they were classifiedmostly as disclosure or sexual assault and the maximal punishment was 11 yearsin prison. The cornerstone case in the development of laws related to criminaltransmission of HIV was the R. v. Cuerrier in 1998. The decision of the SupremeCourt of Canada ruled that people who knowingly exposed others to HIV throughunprotected sex could be charged with a crime on the grounds that failure todisclose one's HIV status to a sex partner constitutes fraud. The problem hasalso another racial side, many of the HIV transmission cases involved black men.Even a scholarly paper on the Ssenyonga case called African Immigrant DamnationSyndrome was published in 2005.

The,First,Case,HIV,Murder,Cana

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