In Canada, its a crime not to disclose HIV or another STI before having sex that poses a “significant risk of serious bodily harm.” However, most prosecutions have been strictly related to HIV and hardly any have been related to herpes, syphilis, chlamydia or other STIs.

Can you sue someone for not telling you they have an STD in Canada?

Yes, you can file a personal injury lawsuit against someone who infected you with herpes. You can sue even if the sex was consensual. The lawsuit would claim that the transmitter was negligent. He or she could have prevented the transmission of their herpes, but failed to do so.

Is it illegal to not disclose herpes status?

Is it Illegal to not tell someone you have Herpes? No, it is not illegal to not tell someone you have herpes. However, if you are in an intimate relationship with someone, it is best to let your partner know that you have an STD. This will allow you both to take precautions to minimize the spread of the STD.

Can you get charged for not telling someone you have herpes?

As a general rule, no, you do not have an obligation to tell your partner if you have a sexually transmitted disease. There arent any federal or state laws making it illegal for you to not tell a partner about an STD you may have.