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OTTAWA - Groups representing gays, hemophiliacs and people with HIV/AIDs are getting involved in a lawsuit that aims to test the constitutionality of banning men who have sex with men from giving blood for life.
The Canadian AIDS Society argues the wording of the current screening is discriminatory and needs to be updated to focus on high-risk behaviour — not membership in a group.
“It’s eroding confidence in the blood system, which turns away many youth and gay men who are not at risk of HIV at a time when Canada’s blood supply is in need of donors,” society lawyer Douglas Elliott said.
“The questionnaire is not scientifically valid, which compromises the safety of the system by encouraging self-screening and inciting boycotts on blood donation based on human rights principles.”
The AIDS society is proposing one-year deferrals for people who admit to high-risk behaviour, a system that’s in place in countries including Japan and Australia.
But the Canadian Hemophilia Society argues the current screening shouldn’t change because it’s in the best interests of blood safety.
“The risk is borne 100% by the recipient and 0% by the donor,” executive director David Page said. “We’re representing not just people with hemophilia but all Canadians who will need blood now or in the future.”
Also involved in the case are Egale Canada and the Attorney General of Canada.