Brian Carlisle of Abbotsford has filed a notice of civil claim against the province and 10 Mission RCMP officers after he was accused of, and charged with, failing to disclose his HIV-positive status to his sexual partners in 2017. All 12 charges were later dropped.

Brian Carlisle of Abbotsford has filed a notice of civil claim against the province and 10 Mission RCMP officers after he was accused of, and charged with, failing to disclose his HIV-positive status to his sexual partners in 2017. All 12 charges were later dropped.

Man at centre of dropped HIV-disclosure case sues province and 10 cops

Brian Carlisle of Abbotsford says Mission RCMP defamed him and were ‘negligent’ in their investigation

An Abbotsford man who had 12 charges dropped against him after being accused of failing to disclose his HIV-positive status to his sexual partners is suing the province of B.C. and 10 members of the Mission RCMP.

Brian Carlisle, 49, states in a lawsuit recently filed in B.C. Supreme Court in Vancouver, that police conducted a “negligent investigation” and failed to consider medical evidence that he could not transmit the virus through sexual contact.

Carlisle says in his statement of claim that the allegations against him – and the subsequent media attention – severely impacted his professional and personal life and amount to defamation.

“The defendants’ prosecution of the plaintiff was malicious,” the court documents say.

“The defendants initiated proceedings against the plaintiff, which were later terminated, without reasonable and probable cause and with malice.”

RELATED: B.C. man charged for allegedly failing to disclose HIV-positive status to partners

Police announced in August 2017 that Carlisle, who was diagnosed with HIV in 2002, had been charged with three counts of aggravated assault after Mission RCMP had received a tip.

The police press release at the time stated that Carlisle had unprotected sex with multiple partners in the Lower Mainland and had failed to disclose his health status.

Police said they released the information because “the public interest clearly outweighs the invasion of Mr. Carlisle’s privacy.”

The following month, Mission RCMP announced that Carlisle was facing an additional nine charges of aggravated assault.

Police stated that the alleged offences had occurred in Mission, Abbotsford, Coquitlam and Burnaby.

However, in April 2018, Crown counsel announced that all 12 charges against Carlisle had been dropped, saying the evidence no longer supported a “likelihood of conviction.”

Carlisle states in his lawsuit that the Crown agreed with medical evidence from an HIV expert and Carlisle’s doctor that his “viral load” was undetectable and that he could not pass on the virus.

“Viral load” is the term used to describe the amount of HIV in the blood. Someone with an undetectable viral load is not required, under the law, to disclose their health status to their sexual partners.

Carlisle’s civil claim states that none of his sexual partners connected to the charges has tested positive for HIV.

But he says that, by the time the charges were dropped, the damage to him had already been done.

Despite having 12 to 18 years of experience in medical marijuana production, Carlisle states that he has been unable to find work in that field.

“Previously, the plaintiff was offered a position as a legal marijuana grower, a position that would have paid $140,000 a year,” the claim states.

Carlisle now works at a human resources company that does not use his name when dealing with clients, the claim states.

He also states that he has had difficultly finding housing, and the case has affected his family members.

His daughter has had to change her job twice, the court documents indicate.

Carlisle has considered changing his name, but is concerned about losing recognition for his previous publications and degrees, the civil claim states.

He is suing the province’s Minister of Public Safety and Solicitor General, the attorney general, and 10 RCMP officers: Steve Crawford, Kirsten Crombie, Cpl. Fox, Jessica Mackay, James Mason, Kosie Galos, David Peck, Kyle Friesen, Alex MacPherson and Kelsey Manning.

Carlisle is seeking damages for pain and suffering, loss of past and future income, and court costs.

The allegations have not been proven in court and responses to the notice of civil claim have not yet been filed.

RELATED: B.C. man facing nine more aggravated sexual assault charges: Mission RCMP

RELATED: Man accused of failing to disclose HIV-positive status says police launched ‘smear campaign’

Just Posted

The Kootenay International Junior Hockey League met for their AGM and announced a number of new initiatives, new awards and changes in their executive committee, as well as the starting date for the 2021-22 season. Paul Rodgers file.
KIJHL announces start dates for 2021-22 season

Season set to begin Oct. 1 with league still following all health guidelines

Calvin Dickson photo.
Severe thunderstorm watch in effect for East Kootenay

Conditions favourable for the development of thunderstorms, hail and heavy rain

The Independent Investigations Office of BC is looking into a Castlegar incident. File photo
Police watchdog investigating Castlegar incident

IIO: Woman sustained a reportedly self-inflicted injury

Mount Baker Secondary School in Cranbrook.
Graduation ceremony in the works for MBSS Class of 2021

The Mount Bake Secondary School Class of 2021 will have a graduation… Continue reading

After being forced to cancel in 2020 due to the pandemic, the Wasa Triathlon is being organized for August. Bulletin file photo.
Information released for Gerick Sports Wasa Triathlon scheduled for August

In 2020 the COVID pandemic forced the Gerick Sports Wasa Triathlon to… Continue reading

Canadian Prime Minister Justin Trudeau participates in a plenary session at the G7 Summit in Carbis Bay, England on Friday June 11, 2021. THE CANADIAN PRESS/Adrian Wyld
Canada donating 13M surplus COVID-19 vaccine doses to poor countries

Trudeau says the government will pay for 87 million shots to be distributed to poor countries

Kelowna-Lake Country MLA Norm Letnick, assistant deputy speaker at the B.C. legislature, presides over committee discussions. The legislature is completing its delayed spring session this week, with most MLAs participating by video conference. (Hansard TV)
B.C.’s daily COVID-19 infections dip below 100 over weekend

Only 68 new cases recorded Monday, four additional deaths

B.C. ambulance station in Revelstoke is expected to get a new system called the Scheduled On-Call (SOC) this fall. (Liam Harrap - Revelstoke Review)
B.C. ambulance changes could put Revelstoke residents at risk, warn local paramedics

Paramedics said to expect a substantial increase in ambulance response time starting this fall

The BC Ferries website went down for a short while Monday morning following a provincial announcement that recreational travel between health authorities can resume Tuesday. (Black Press Media file photo)
BC Ferries’ website crashes in wake of provincial reopening announcement

Website back up now, recreational travel between health regions to resume as of Tuesday

The Kamloops Indian Residential School is photographed using a drone in Kamloops, B.C., Monday, June, 14, 2021. The remains of 215 children were discovered buried near the former school earlier this month. THE CANADIAN PRESS/Jonathan Hayward
Communities grapple with what to do with former residential and day schools

Some tear them down as a tool to help healing, others repurpose them as tools for moving forward

FILE – Provincial health officer Dr. Bonnie Henry talks about B.C.’s plan to restart the province during a press conference at Legislature in Victoria, Tuesday, May 25, 2021. THE CANADIAN PRESS/Chad Hipolito
B.C. watching U.K.’s COVID struggles but don’t think province will see similar pitfalls

Studies show that one dose of vaccine is only 33 per cent effective in preventing B.1.617.2 spread

RCMP Const. Shelby Patton is shown in this undated handout photo. RCMP say that Patton was hit by an allegedly stolen truck that he had pulled over on Saturday morning in Wolseley, east of Regina. THE CANADIAN PRESS/HO, RCMP
Pair charged in Saskatchewan Mountie’s death make first court appearance

Const. Shelby Patton was hit by an allegedly stolen truck that he had pulled over Saturday morning

David and Collet Stephan leave for a break during an appeal hearing in Calgary on Thursday, March 9, 2017. THE CANADIAN PRESS/Todd Korol
Appeal Court rejects stay for Alberta couple facing third trial in son’s death

Pair accused in their earlier trials of not seeking medical attention for their son sooner

210615
The auto and the bike: A paean to them both

One becomes an extension of one’s self. The other offers the sensation of flight.

Most Read