An HIV-positive Toronto man faces both a serious criminal charge and a rare court order to use condoms and inform sexual partners he has the virus.

Ala Al Safi is accused of aggravated assault related to non-disclosure of his HIV status, Toronto police confirmed Friday, and the investigation remains “very live” with details to be made public in coming days.

The charge comes amid controversy over the criminalization of HIV non-disclosure and an ongoing provincial-federal review of provisions that can see people convicted and jailed even if no infection occurs.

Wayne Cunningham, Al Safi’s lawyer, had no comment on the charge, or on a Superior Court judge’s order issued Wednesday in response to a request from Dr. Rita Shahin, Toronto's associate medical officer of health.

Shahin said in written responses to the Star’s questions that it is only the third such Toronto order in more than 20 years granted by a court under section 102 of Ontario’s Health Protection and Promotion Act.

Court action is rarely required because the vast majority of people with HIV take steps on their own to significantly reduce or eliminate the risk of transmission through sex or drug use, she said, and almost all the exceptions comply with orders to take precautions issued by the Medical Officer of Health.

Court documents state Al Safi’s HIV status was reported to public health in February 2011 and that, three years later, a nurse at the city agency counseled him about failing to disclose to sexual partners that he has the treatable but incurable disease which can lead to Acquired Immunodeficiency Syndrome.

Al Safi was counseled by another public health nurse in 2016, the document states, when someone identified him as a “contact of HIV.” He was reminded that in 2014 public health ordered him to inform his partners and of the importance of him having “consistent medical care.” He indicated then he was taking no medicine, the order states.

The judge placed a sealing order on accompanying public health affidavits from people identified only as “John Doe No. 1, John Doe No. 2 and John Doe No. 3.” The documents do not say when any interactions with Al Safi took place, or if any infections resulted.

“HIV is spread to other persons by unprotected sexual activity and can result in serious illness and/or death,” Dr. Shahin stated in a letter to the court. “Notification of sexual partners of their possible exposure to HIV is essential.”

She warned of “immediate risk of an outbreak” and argued the judge’s order was necessary to “decrease or eliminate the risk to health presented by the communicable disease.”

Requirements of the order, granted by Justice Mario Faieta, include Al Safi informing all sexual partners of his HIV status and he and partners using condoms when there is infection risk.

In March, advocates for decriminalizing HIV non-disclosure protested outside the Ontario Attorney General’s office, saying antiretroviral treatments make the virus a “chronic, manageable infection”, that prosecutions target society’s most vulnerable, and that they dissuade some people from being tested for fear of future arrest.

“The federal government has made a commitment to review the way our justice system handles HIV-related cases. And that’s something that we fully support and welcome,” an Ontario Attorney General Ministry spokesperson told the Star in February, adding government representatives would meet this spring.

Toronto Public Health counsels people with HIV on how to maintain their health and not spread infection, Shahin said, and does not issue public alerts even when somebody is known to engage in potentially risky behaviour.

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“Issuing a public alert would increase the serious stigma and discrimination experienced by people living with HIV infection and likely deter people from seeking HIV testing, which in turn could have serious ramifications for those unaware of their HIV status and their contacts,” she said

“As well, issuing an alert on one individual may create a false sense of security among the general public, thinking that it is not necessary to take precautions with others not named in the alert.”