OTTAWA -- The federal government has lost its attempt to block a Canadian Human Rights Commission inquiry into Health Canadaās role in a policy that prohibits sexually active gay men as well as some other folks in the LGBTQ2S+ community from donating blood.
On Friday, the Federal Court dismissed the federal governmentās application for a judicial review, stating that despite the governmentās arguments to the contrary, Health Canada is a proper party to the case, and the Canadian Human Rights Tribunalās inquiry should continue.
In 2016, Christopher Karas brought a human rights complaint against Health Canada, alleging the agency discriminated against him on the basis of sexual orientation by denying him the ability to donate blood.
In 2019, the Canadian Human Rights Commission issued a preliminary decision that the case merited further investigation and referred the matter to a tribunal. This is what Attorney General David Lametti, on behalf of Health Canada, was fighting to stop the probe from going any further.
āThe evidence collected warranted an inquiry by the Tribunal into Health Canadaās role in relation to CBSās MSM [men who have sex with men] policy,ā reads the decision from Judge Richard F. Southcott in part. āIt appears there is a ālive contestā as to the exact nature of the relationship between Health Canada and CBS, which warrants further inquiry.ā
Now, according to Karasā legal team, barring an appeal, Health Canada will remain a responding party to the tribunalās inquiry and will have to defend its involvement with the blood donation policy alongside Canadian Blood Services (CBS).
Throughout the proceedings so far Health Canada has argued that it has not discriminated against Karas as the agency has āno authority to rescind the policyā and a ālimited roleā to intervene in Canadian Blood Servicesā work, unless itās a matter of safety.
However, the submissions to the court presented to date indicate that Health Canada has been far more involved than itās let on, playing an active role as the regulator that funds research into, and approves any blood donation screening criteria changes.
Further, in recent documents reviewed by CTVNews.ca, according to CBS, Health Canada required years of data collection and monitoring between each gradual loosening of the policy before it would consider further updates, something the agency denies in part.
In a recent email to CTVNews.ca regarding the documents, Gregory Ko, a partner with Toronto firm Kastner Lam, who is representing Karas, said that he anticipated that if the tribunal was allowed to continue its inquiry, āmore evidence will emerge showing how Health Canada is a critical and necessary actor in the development of the gay blood ban.ā
In a May interview with CTVNews.ca, Karas said that when he first learned that the federal government was looking to quash the case and potentially seek costs from him if their judicial review is successful, he was āshocked.ā
āIt was as if they were, you know, declaring war on queers,ā he said.
the courtās decision to dismiss the governmentās attempt to terminate the human rights inquiry.
āThe Trudeau Liberals promised Canadians theyād stop the discriminatory blood donation ban on MSM. Once in office, they claimed they donāt have the power. This is false, and the courts are proving it,ā
Ending the blood ban is now a long-broken promise from the federal Liberals, with both Health Minister Patty Hajdu and Diversity and Inclusion and Youth Minister Bardish Chagger continuing to dismiss calls for them to intervene and change the rules as they once said they would.
āIt is long past due for the federal government to put an end to the stigma and discrimination that men who have sex with men face in this country,ā said Conservative MP Eric Duncan during a press conference earlier in June, vowing to keep pushing the issue throughout Pride month.
Instead, they cite ongoing research and say they are waiting for Canadian Blood Services and its Quebec counterpart Hema-Quebec to make submissions to move to a behaviour-based screening model.
CTVNews.ca has reached out to Hajdu and Lamettiās office for comment.
