PRO OF BAN:
gay Toronto man who concealed his sexual history on a blood donor questionnaire sued for negligence by Canadian Blood Services lost in Ontario Superior Court
the court sided with CBS in its suit against Kyle Freeman for "negligent misrepresentation."
The court said Freeman did not have a Charter of Rights and Freedoms defence against the claim of negligence.
Freeman donated blood several times between 1990 and 2002. He falsely denied that he had had sex with another man since 1977.
In June 2002, Freeman donated blood that subsequently tested positive for syphilis. He was permanently ruled out as a donor. Freeman did not know at the time he had syphilis.
CBS took steps to get any blood traceable to Freeman out of its system, at a cost of about $10,000. It later filed suit against him.
Justice Catherine Aitken ruled that the CBS ban on donation was not discriminatory based on sexual orientation.
"It is based on health and safety considerations; namely, the prevalence of HIV/AIDS and other blood-borne, sexually transmitted pathogens in the [men who have sex with men] populations, and the corresponding risk this creates for the safety of the blood supply system," the judge ruled.
A counterclaim by Freeman against CBS was also dismissed. The court ruled that CBS is not a government entity, and therefore, not covered by the Charter.
"In an era when gay men are discriminated against in many ways, I think this is one area where it need not be," said Maxine Davis, of the Dr. Peter AIDS Foundation. "It does perpetuate a perception that somehow gay men are more promiscious."
CONS OF BAN:
MICHAEL CAIN STATEMENT TO TASMANIAN ANTI-DISCRIMINATION COMMISSION
I saw that the Red Cross were low on supplies of blood and I wanted to do my part to help. I noticed that they had a ‘Donate with a Mate’ program on, so I asked my housemate if he would also like...