Canadian Court Upholds Ban on Gay Blood Donation
A court in Ontario, Canada has ruled against a man challenging Canadian Blood Services' ban on gay blood donation, CTV reports:
"In a ruling released on Thursday, the Ontario Superior Court dismissed a constitutional challenge from a man who argued the policy violated his rights, finding that Charter of Rights does not apply to the blood agency's policies, because it is not a government entity. The ruling stems from a case that began with Canadian Blood Services suing a gay man named Kyle Freeman, who lied about his sexual status when he donated blood. Freeman had syphilis when he donated blood, which prompted the agency to sue. Freeman argued he lied because the policy banning gay men from donating wasn't scientifically justified and violated his rights. He launched a counterclaim under the Charter. But on Thursday, the court dismissed the challenge, finding Freeman liable for $10,000 for negligent misrepresentation."
The current policy is reported as follows:
"Intravenous drug users, people who may have been exposed to Creutzfeld-Jakob disease (mad cow disease), people who have exchanged money for sex or drugs are all permanently banned. Currently, men who had sex with men from 1977 onwards (the year estimated as the start of the AIDS epidemic) also face 'indefinite deferrals' from donations."