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Canada: Court asked to weigh ?gay rights? and blood policy

By Alliance Alert

The Globe and Mail: "Canadian Blood Services (CBS) is suing Kyle Freeman, a sexually active gay man, for lying about his sexual history in order to donate blood. Mr. Freeman is counter-suing, saying the policy is discriminatory. If the judge rules that the Charter of Rights and Freedoms applies to CBS, and the policy restricts the rights of gay men, the service will have to change it. All public policies fall under the jurisdiction of the Charter, but CBS argues that as a non-government agency, the Charter does not apply. Mr. Freeman and his lawyers maintain it does. While the Charter ensures the right to equality, it also allows the federal government to limit rights where it is demonstrably justified in a free and democratic society. In the case of Freeman versus CBS, these two provisions clash."

Full post as published by Constitutionally Correct on June 16, 2010 (boomark / email).