HIV Transmission As Assault - Transmitting a Sexually Transmitted Disease was an Offence until 1985

There has been a great deal of discussion in the media about the recent Supreme Court of Canada cases on transmission of HIV.  What almost everyone ignores, or has forgotten, is that transmission of venereal disease (it did not include HIV because the section in question predates HIV) was a crime under the Criminal Code until 1985.  The provision was repealed in 1985  (R.S.C. 1985, c. 27 (1st Supp.), s. 41.) by the Conservative government of Brian Mulroney. The section repealed, and its predecessors, read:



Criminal Code, R.S.C. 1985, c. C-46, s. 289.

[Venereal disease]
289. (1) Every one who, having venereal disease in a communicable form, communicates it to another person is guilty of an offence punishable on summary conviction.
    [Defence]
    (2) No person shall be convicted of an offence under this section where he proves that he believed on reasonable grounds that he did not have venereal disease in a communicable form at the time the offence is alleged to have been committed.
    [Corroboration]
    (3) No person shall be convicted of an offence under this section on the evidence of only one witness, unless the evidence of that witness is corroborated in a material particular by evidence that implicates the accused.
    [Definition of "venereal disease"]
    (4) For the purposes of this section, "venereal disease" means syphilis, gonorrhea or soft chancre. R.S., c. C-34, s. 253.


An Act to amend the Criminal Code, S.C. 1919, c. 46, s. 8.

[Communicating venereal disease.]
316A. (1) Any person who is suffering from venereal disease in a communicable form, who knowingly or by culpable negligence communicates such venereal disease to any other person shall be guilty of an offence, and shall be liable upon summary conviction to a fine not exceeding five hundred dollars or to imprisonment for any term not exceeding six months, or to both fine and imprisonment.
    Provided that a person shall not be convicted under this section if he proves that he had reasonable grounds to believe that he was free from venereal disease in a communicable form at the time the alleged offence was committed.
    Provided, also, that no person shall be convicted of any offence under this section upon the evidence of one witness, unless the evidence of such witness be corroborated in some material particular by evidence implicating the accused.
    (2) For the purposes of this section, "venereal disease" means syphilis, gonorrhea, or soft chancre.

Criminal Code, R.S.C. 1927, c. 36, s. 307.

[Communicating venereal disease.]
307. Any person who is suffering from venereal disease in a communicable form, who knowingly or by culpable negligence communicates such venereal disease to any other person shall be guilty of an offence, and shall be liable upon summary conviction to a fine not exceeding five hundred dollars or to imprisonment for any term not exceeding six months, or to both fine and imprisonment:
    Provided that a person shall not be convicted under this section if he proves that he had reasonable grounds to believe that he was free from venereal disease in a communicable form at the time the alleged offence was committed:
    Provided, also, that no person shall be convicted of any offence under this section upon the evidence of one witness, unless the evidence of such witness be corroborated in some material particular by evidence implicating the accused.
    2. For the purposes of this section "venereal disease" means syphilis, gonorrhea, or soft chancre. 1919, c. 46, s. 8.

Criminal Code, S.C. 1953-54, c. 51, s. 239.

[Venereal disease.]
239. (1) Every one who, having venereal disease in a communicable form, communicates it to another person is guilty of an offence punishable on summary conviction.
    [Defence.]
    (2) No person shall be convicted of an offence under this section where he proves that he had reasonable grounds to believe and did believe that he did not have venereal disease in a communicable form at the time the offence is alleged to have been committed.
    [Corroboration.]
    (3) No person shall be convicted of an offence under this section upon the evidence of only one witness, unless the evidence of that witness is corroborated in a material particular by evidence that implicates the accused.
    [Venereal disease.]
    (4) For the purposes of this section, "venereal disease" means syphilis, gonorrhea or soft chancre.

Criminal Code, R.S.C. 1970, c. C-34, s. 253.

[Venereal disease]
253. (1) Every one who, having venereal disease in a communicable form, communicates it to another person is guilty of an offence punishable on summary conviction.
    [Defence]
    (2) No person shall be convicted of an offence under this section where he proves that he had reasonable grounds to believe and did believe that he did not have venereal disease in a communicable form at the time the offence is alleged to have been committed.
    [Corroboration]
    (3) No person shall be convicted of an offence under this section upon the evidence of only one witness, unless the evidence of that witness is corroborated in a material particular by evidence that implicates the accused.
    ["Venereal disease"]
    (4) For the purposes of this section, "venereal disease" means syphilis, gonorrhea or soft chancre. 1953-54, c. 51, s. 239.