FANDOM


FactsEdit

Thornton, knowing he had tested positive twice for HIV antibodies, donated blood to the Canadian Red Cross (CRC) without disclosing this to them. He was tried and convicted of a violation of s.180 of the Criminal Code. He appealed this decision to the Ontario Court of Appeal but his appeal was denied.

IssueEdit

  1. Is there a legal duty for an individual to disclose they are HIV-positive when donating blood?

DecisionEdit

Appeal dismissed.

ReasonsEdit

Lamer, writing for the court, held that s.216 of the Criminal Code imposed upon the appellant a duty of care in giving his blood to the Red Cross. This duty of care was breached by not disclosing that his blood contained HIV antibodies. This differed from the finding of the Court of Appeal who found a duty at common law.

RatioEdit

An individual cannot be found guilty of a crime for violating a common law duty as laid out in s.9 of the Criminal Code; an individual must violate a duty imposed by statute.

Ad blocker interference detected!


Wikia is a free-to-use site that makes money from advertising. We have a modified experience for viewers using ad blockers

Wikia is not accessible if you’ve made further modifications. Remove the custom ad blocker rule(s) and the page will load as expected.