Canadian Blood Services' CEO Gives Initial Reaction to Ontario Superior Court
MSM Ruling

OTTAWA, Sept. 9 /CNW/ - Canadian Blood Services welcomes the Ontario Superior Court ruling in the Charter challenge involving Kyle Freeman. The ruling by Justice Catherine Aitken held that Canadian Blood Services' donor screening methods uphold the highest standards of safety for its recipients, and are not a violation of Mr. Freeman's Charter rights.  Justice Aitken also ruled the Charter does not apply to Canadian Blood Services.

"Our donor selection policies have always been about protecting the safety of blood recipients," said Dr. Sher.  "All our policies are developed based on sound scientific facts about risk and are intended to reduce or pre-empt the introduction of those risks to recipients of blood products. The MSM policy is no exception, and we are reassured that the Court has recognized and affirmed this."

In this case, Freeman, a sexually active gay man, repeatedly gave inaccurate answers about his sexual and other history during the donor screening process.  He then contacted Canadian Blood Services through an anonymous e-mail to say he had provided false information because he disagreed with the MSM policy. Canadian Blood Services issued a claim against Mr. Freeman only in order to find out his identity. Mr. Freeman counter-sued Canadian Blood Services and the Attorney General of Canada (acting on behalf of Health Canada) claiming discrimination under the Charter. 

After a trial lasting more than three months, Judge Aitken found that Mr. Freeman's behaviour was negligent. Further, as part of the Charter of Rights issue, she ruled that "no Canadian has the right under the law to insist on donating blood….Put simply, blood donation is a gift.  A gift is freely offered, but also must be freely received, or freely declined….There is no requirement under the law for CBS, or any other blood provider, to accept the gift of blood from anyone."

Justice Aitken also found that Canadian Blood Services' MSM deferral policy does not distinguish on the basis of sexual orientation. Instead, it is "based on health and safety considerations; namely the prevalence of HIV/AIDS (and other blood-borne sexually transmitted infections) in the MSM population, and the corresponding risk this creates for the safety of the blood supply system". As a result, deferring on the basis of MSM activity is not discriminatory.

"This ruling supports our current screening methods, which rely on extensive testing of every donation, but also on the honesty of all donors," said Dr. Sher. "Canadian Blood Services takes its role in public health very seriously, and we are pleased that this is recognized in this decision."

Dr. Sher expressed his appreciation for Judge Aitken's lengthy consideration of the scientific evidence put before the Court, as well as her understanding of the concerns of two vulnerable groups in our society: blood product recipients and gay and bisexual men. He added that this judgment does not mark the end of Canadian Blood Services' efforts to refine its screening process. "We will continue to work with stakeholders on all sides of this issue to find a solution that continues to place priority on patient safety, while minimizing the societal impact of our policies on certain groups. To that end, among other things, Canadian Blood Services has earmarked funding to support Canadian research in partnership with the CIHR Institute of Circulatory and Respiratory Health.

This ruling also awarded $10,000 in damages be paid by Mr. Freeman to the organization; the amount that Canadian Blood Services and Mr. Freeman agreed would be reasonable if the court found that Mr. Freeman had a duty to provide truthful answers during the donor screening process. Canadian Blood Services will not be taking steps to collect these damages as it feels this issue is about patient safety, rather than money. 

Version française à suivre sur www.sang.ca

NOTE: To hear an audio recording of the media briefing held at Canadian Blood Services' head office on September 9, 2010, in Ottawa, please call:

Dial-in number(s):	800-408-3053
Pass code:	4455254
Prompts:	Full Name, Media Outlet

For further information:

Paul McGrath
National Manager, Public Affairs
Transfusable Products and Corporate Issues
Canadian Blood Services
Tel: [phone]
Cell: [phone]
email: [email protected]