offence but as an offence involving bodily harm. Very little explanation is given as to why Canada has moved in such a different direction and whether this direction is even helpful or necessary. What is troubling about Mabior is that the decision barely addresses the issue of whether criminalization is an appropriate means of addressing rising rates of HIV transmission at all. McLachlin CJ spends pages outlining the common law history of fraud vitiating consent to sexual relations, tracing it back to cases in the 1800's and exploring the days when the only thing that could vitiate consent was deception as to the sexual nature of the act or as to the identity of the male partner, but spends very little time on the criminalization argument. It seems clear that the law has moved past the point where a husband could not be held criminally responsible for raping his wife or consent could only be negated if the man lied about who he was. By focusing on this analysis rather than the larger questions, the SCC is skirting some of the real issues at stake in this case, such as public health considerations and HIV-related stigma. Another convincing argument advanced by the respondents and the interveners in this case was that the criminalization of HIV non-disclosure may deter people from seeking treatment, as lack of knowledge as to HIV status can shield an HIV-positive person from criminal liability. The SCC refuses to accept this argument, as there is little conclusive