Court upholds Canadian ban on blood donations by gay men

[Newsjock]

Source: Canadian Press

Canadian Blood Services is legally allowed to ban men who have sex with men from donating blood, an Ontario court ruled Thursday in a decision that critics branded “disturbing.”

In dismissing a constitutional challenge, an Ontario Superior Court judge ruled that Canadian Blood Services is not a government entity, so the Charter of Rights does not apply to its policies.

In Canada a man who has had sex with another man, even once, since 1977 is not eligible to donate blood. It is now generally understood that HIV entered the North American population in that year, the judge said in her decision.

... Canadian Blood Services had sued blood donor Kyle Freeman, who lied about having had sex with other men, and the court has now found him liable for $10,000 for negligent misrepresentation.

Read more: http://www.theglobeandmail.com/news/national/court-rejects-challenge-to-canadian-blood-services-ban-on-donations-from-gay-men/article1701005/

[Common Sense Party]

1. Red Cross doesn't accept blood from gay men, either.

But I don't know that it's a law in the U.S.

[JonLP24]

9. Red Cross supports a one-year deferral

for male-to-male sex. Not sure if they want more meaning that is at least what they are asking for or if that is all they are willing to ask for. Either way they're against a lifetime ban.

It is banned in the US.

[Canuckistanian]

2. Didn't a study come out just this year

Saying that the ban on gays giving blood was medically unjustified?

[ProgressiveProfessor]

5. Its an err on the side of caution thing and until there is long term solid evidence that it is no

additional risk, I do not expect it to change. I am not eligible to donate for that reason either.

[daylan b]

6. There are bans on giving blood for people who have taken part in numerous activities

•You are a male who has had sex with another male since 1977.
•You have ever used illegal or non-prescription drugs by needle.
•You have been the sex partner of a male or female prostitute within the last 12 months.
•You have AIDS or one of its symptoms.
•You are a person who has been given money or drugs for sex in the past 12 months.

[Canuckistanian]

10. Yes, I know, but this was a Canadian study

And it was aimed squarely at the Canadian Blood Service (who have a monopoly on blood donation services).

I just can't find it.

[RKP5637]

3. Yeah, only gay men can have HIV! Didn't everyone know that?

:sarcasm: :sarcasm: :sarcasm:

[Cronus Protagonist]

4. ummm men who have sex with other men aren't necesarily gay

That's why it's "men who have had sex with other men" and not "gay men" - the ban isn't only against gay men, but also against straight men who have sex with other men. And it's a crock of crapola either way.

[RKP5637]

7. Nice message to gay people. Go get married, but we know you're diseased. n/t

[terrya]

8. The ban on gay men giving blood was upheld in this country a few months ago.

Gee, this gay man would love to give blood, but I'm not going to fucking lie just to get around some stupid, bigoted discriminatory policy that should have been lifted years ago.

This is just plain sad. And utter bullshit.