QUESTION PERIOD — Health
Discrimination Based on Sexual Orientation
March 9, 2023
Senator Gold, the Health Canada directive on sperm donors that disqualifies men from donating if they’ve had sexual relations with other men in the past three months is extremely troubling. Since we know that sperm donations are subject to rigorous testing before they can be used, this directive is discriminatory and perpetuates the stigma against men with HIV/AIDS. A lawsuit has been filed with the Ontario Superior Court of Justice in order to change this directive.
Senator Gold, why doesn’t Health Canada make its directive on blood donation more inclusive and non-discriminatory against gay and bisexual men, like Canadian Blood Services and Héma-Québec did recently?
Thank you for the question, senator.
The government is committed to ensuring that the Safety of Sperm and Ova Regulations continue to be based on the most recent scientific data and techniques in the field of assisted reproduction. Given the recent changes to the blood donor screening criteria of both Canadian Blood Services and Héma-Québec, which you mentioned, the government is exploring whether similar updates may be appropriate in the context of sperm and ova donations.
The government is committed to supporting policies that are safe, non-discriminatory and scientifically based. Health Canada is aware that an application has been filed with the Ontario Superior Court of Justice and is currently reviewing it. We can’t comment any further at the moment.
Thank you for that answer. We will wait to see what the government does next.
A recent report on access to justice for trans people unequivocally stated that the justice system does not provide effective solutions to trans people’s legal problems. Disturbingly, the report states that many trans people avoid the legal system altogether because participating in it involves discrimination and, at times, danger.
Senator Gold, without overstepping its jurisdiction, how will the federal government respond to this report in order to make the justice system more accessible to trans people and more tailored to trans realities?
Thank you for the question.
Jurisdictional limitations are indeed a factor here. That being said, I will look into this with the government to check on the progress or status of this report in relation to regular discussions between the Minister of Justice and his team, and his provincial and territorial counterparts.
