HIV disclosure & cell phone searches

Bajpai Law

Two interesting decisions from the Supreme Court of Canada.  In R. v. Wilcox the court unanimously agreed with the majority of the Quebec Court of Appeal in deciding that failure to disclose your HIV-positive status can lead to a conviction for aggravated sexual assault. And in R. v. Fearon`, four of the seven member court decided that evidence obtained from cell phone searches without a warrant will not be excluded if the search is strictly incidental to arrest.