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’

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Nikita, a four-year-old German Shepherd that was attacked by a buck in a backyard in Esquimalt Sunday is lucky the injury wasn't more severe. (Photo contributed by Suzette Goldsworthy)
Esquimalt dog owner issues alert after deer injures German shepherd

Nikita needed stitches after an early morning encounter

The Victoria Police Department headquarters. (Black Press Media file photo)
Investigation launched into man’s death after arrest in Victoria

IIO investigation to determine if police actions or inaction played a role in the man’s death

(Black Press Media file photo)
Police arrest man covered in blood on heels of significant Saanich crash into woods

Resident calls in home invasion in progress after crash

Capital Regional District Animal Control say an eight-month-old Rottweiler bit a Langford mother and her child near Glen Lake on Nov. 19. (Black Press Media file photo)
Large dog attacks mother and child in Langford

Mother puts three-year-old on top of car to protect him

Victoria School for Ideal Education at 2820 Belmont Avenue is the second school in Greater Victoria with an active confirmed COVID-19 exposure. (Travis Paterson/News Staff)
Private school becomes second Greater Victoria school with COVID-19 exposure

Victoria School for Ideal Education follows Lakeview Christian School in Saanich

People wearing face masks to help curb the spread of COVID-19 cross a street in downtown Vancouver, on Sunday, November 22, 2020. The use of masks is mandatory in indoor public and retail spaces in the province. THE CANADIAN PRESS/Darryl Dyck
B.C. reports 17 COVID deaths, 1,933 new cases as hospitalizations surge over the weekend

There are 277 people in hospital, of whom 59 are in ICU or critical care

Workers arrive at the Lynn Valley Care Centre seniors home, in North Vancouver, B.C., on Saturday, March 14, 2020. It was the site of Canada’s first COVID-19 outbreak in a long-term care facility. THE CANADIAN PRESS/Darryl Dyck
Rapid tests ‘not a panacea’ for care homes, Dr. Bonnie Henry says

B.C. lacks capacity for daily tests of thousands of workers

(Delta Police Department photo)
Cannabis edibles found in Halloween bag lead B.C. police to illegal lab

Delta police arrested a man and a woman while executing a warrant at a residential property Nov. 20

A woman being arrested at a Kelowna Value Village after refusing to wear a mask on Nov. 22.(@Jules50278750/Twitter)
VIDEO: Woman arrested for refusing to wear mask at Kelowna Value Village

RCMP claims the woman was uncooperative with officers, striking them a number of times and screaming

B.C. Liberal MLA Shirley Bond questions NDP government ministers in the B.C. legislature, Feb. 19, 2020. (Hansard TV)
Cabinet veteran Shirley Bond chosen interim leader of B.C. Liberals

28-member opposition prepares for December legislature session

Motorists wait to enter a Fraser Health COVID-19 testing facility, in Surrey, B.C., on Monday, November 9, 2020. THE CANADIAN PRESS/Darryl Dyck
COVID-19: What do rising positivity rates mean for B.C.? It’s not entirely clear

Coronavirus cases are on the rise but the province has not unveiled clear thresholds for further measures

A rider carves a path on Yanks Peak Saturday, Nov. 21. Two men from Prince George went missing on the mountain the next day. One of them, Colin Jalbert, made it back after digging out his sled from four feet under the snow. The other, Mike Harbak, is still missing. Local search and rescue teams went out looking Monday, Nov. 23. (Sam Fait Photo)
‘I could still be the one out there’: Snowmobiler rescued, 1 missing on northern B.C. mountain

As Quesnel search and rescue teams search for the remaining rider, Colin Jalbert is resting at home

More than 70 anglers participated in the bar-fishing demonstration fishery on Sept. 9, 2020 on the Fraser River near Chilliwack. DFO officers ticketed six people and seized four rods. A court date is set for Dec. 1, 2020. (Jennifer Feinberg/ Chilliwack Progress file)
Anglers ticketed in Fraser River demonstration fishery heading to court

Sportfishing groups started a GoFundMe with almost $20K so far for legal defence of six anglers

Most Read