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article imageCanada deports HIV positive sex offender to South Sudan

By Arthur Weinreb     Feb 21, 2012 in Crime
Winnipeg - The former Winnipeg resident, convicted of sex offences for failing to disclose his HIV positive status, has been removed from Canada. Whether his actions were criminal is now before the Supreme Court of Canada.
Yesterday, the Canadian Border Services Agency (CBSA) announced Clato Mabior, 34, was deported from Canada on Feb. 15. After his criminal sentence expired in Dec. 2010, Mabior had been in CBSA custody pending removal because he was considered a flight risk.
Lisa White, a CBSA spokeswoman, said, The ability to removed dangerous people is vital to protecting the safety and security of Canada. Foreign nationals who pose a threat to Canadians are not welcome in Canada.
Mabior was arrested in 2006 and subsequently convicted of six counts of aggravated assault, one count of invitation to sexual touching, and one count of sexual interference. The latter two charges were for sexual contact with a 12-year-old girl. Charges involving three other women were dismissed. The charges he was convicted of, other than those relating to the young girl, involved having unprotected sex with women without disclosing his HIV status.
As reported by CBC, Mabior was sentenced to 14 years in jail on Oct. 10, 2008. He was credited with five years for the 30 months he spent in custody prior to sentencing.
The following month, Mabior appealed his convictions and the Manitoba Court of Appeal quashed four of the six convictions for aggravated sexual assault. The Supreme Court of Canada later granted leave to hear the case.
On Feb. 8, the Supreme Court heard oral arguments in Mabior's case and another involving a woman from Quebec, known only as D.C.
Evidence was adduced at Mabior's trial that he sometimes used condoms. He also called expert evidence that because of the antiretroviral treatment he was undergoing, there were times when the risk of transmitting the HIV virus was very low or non existent.
The trial judge convicted him of all counts except those times he used a condom. On appeal to the Manitoba Court of Appeal, four other convictions were quashed and acquittals entered for the offences that occurred when his viral load was low.
The Supreme Court has reserved its decision and will decide whether someone who is HIV positive and fails to disclose that fact to sexual partners, is guilty of putting the partner at a significant risk of serious bodily harm when condom is used or the viral load is low.
None of the women Mabior had sex with have contracted the virus.
Since having sexual contact with a 12-year-old girl is not the subject matter of the appeal, it is doubtful Mabior can ever legally return to Canada.
More about clato mabior, failure to disclose hiv status, Aggravated sexual assault, Canada Border Services Agency
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