2 min

Lawyer raises the spectre of dangerous offender status in HIV case

Bail granted, but accused will be handed over to police in southern Ontario

The lawyer for the accused, Delinda Hayton, stands in front of Ottawa's Elgin St Courthouse.

After spending more than two months behind bars, a 29-year-old Ottawa man accused of failing to disclose his HIV status before having sex was granted bail by an Ottawa court on Monday. 

Because the accused has an outstanding warrant for his arrest in Kitchener, he will remain in custody until he is transported to southern Ontario to face another three charges of aggravated sexual assault based on complaints from two men and one count of breaching his probation conditions.

The accused and a 24-year-old poz Kitchener man are charged with assault after the two poz men allegedly had a foursome in Kitchener and did not disclose their health statuses.

Outside of the courtroom, the accused’s lawyer, Delinda Hayton, discussed how, if convicted, the Crown could seek for the accused to be labelled a dangerous offender. If that happens, he could potentially be given an indeterminate prison sentence. But, she says, that is something the Crown must prove is necessary in court.

The move would be unusual, she says, because labelling someone a dangerous offender “is not usually asked for when the person has no record [of the same nature],” says Hayton.

Hayton says a Waterloo bail hearing is expected to determine if the accused will really be released.

“Waterloo Police will be picking up [the accused] shortly,” says Hayton, adding that a court proceeding to determine whether he will be released from there will happen.

“I would be surprised if the Crown consented to releasing him in Waterloo.”

Evidence and arguments heard at a bail hearing are protected by the court and cannot be reported. The court set bail conditions, which are public.

The conditions included a proviso that he live with his mother, an hour’s drive outside of Ottawa. A $5,000 bond was sought with the accused’s mother as surety.

If and when he is released from Kitchener, he will also have to follow these conditions:

  • Have no association with any of the six complainants or be within less than 500 metres of their employment, residence or anywhere they may be
  • Abstain from alcohol
  • Not leave home without the presence of his mother or sister
  • Not have any weapons
  • Go to the Sandy Hill Community Centre for an alcohol assessment and undergo an outpatient assessment for alcohol dependency
  • Surrender his passport to the police within 48 hours of release
  • Have no access to a cell phone or pager
  • Not access the internet or use computers
  • Continue HIV treatment with his doctor

The accused was arrested May 6 after an 18-year-old Ottawa man told police he contracted HIV after the two had unprotected sex several times in January. A total of six complainants have come forward. He is currently facing 21 charges, including four counts of aggravated sexual assault, three counts of sexual assault, four counts of attempt murder, four counts of administering noxious substance and six counts of breaching probation.

Although the accused’s name has been released, Xtra has so far declined to report it.

The accused is scheduled to be in Ottawa court again on August 9.