What about guys:

• Who have HIV but haven't tested HIV positive?
• Who have done things that put them at risk of becoming infected with HIV?
• Who have a pretty good idea that they have HIV but decide not to take an HIV test?

Do these guys have a legal duty to disclose?

The short answer is yes. If there is a significant risk of passing on HIV during sex, then these guys have a legal duty to tell their sex partner before sex that they may be infected with HIV.

But, as far as we know, all the legal cases in Canada have been about people who tested HIV positive before they were criminally charged by police.