Disclosure of an Accused’s HIV Status by the Police
In R. v. Gowdy , 2016 ONCA 989, the Court of Appeal for Ontario considered, in obiter , whether two provincial statutes authorized or permitted the police to release the accused’s private medical information (namely, his HIV status): · Municipal Freedom of Information and Protection of Privacy Act ( MFIPPA ), · Police Services Act , ( PSA ) and Regulations passed under it. The day after the arrest of Gowdy, Durham Regional Police had issued a media release announcing the arrest and disclosing the fact that the Gowdy was HIV positive. Was Disclosure of the Accused’s HIV Status Authorized under the PSA? The PSA contains no express prohibition against disclosure of personal information. However, such a prohibition would seem to arise by necessary implication from s. 41(1.1), which authorizes the chief of police or anyone the chief designates for the pu...