今天刚看到的关于Gay献血而引发的官司（Gay不得献血，gay隐瞒身份献血18次），欢迎讨论

楼主 / 三代农民

Canadian Blood Services和那个男同志的官司进展

OTTAWA — An Ottawa judge has sided with Canadian Blood Services in a lawsuit against a gay man who counter-sued the blood-donation agency, accusing them of violating his and other gay men's charter rights by asking the "discriminatory" question about whether they have ever had sex with a man since 1977.

In a decision released Thursday by Ontario Superior Court Justice Catherine Aitken, Canadian Blood Services was successful in its claim against 36-year-old Kyle Freeman, a gay man who lied several times on the blood-donor questionnaire about having sex with other men, for negligent representation.

The agency relies on the questionnaire to "defer" unsuitable donors from ever giving blood.

Aitken dismissed Freeman's counterclaim that the so-called MSM, or "men having sex with men," question — whether a would-be donor had ever had sex with other men, even once, since 1977 — violated his charter rights.

Freeman further argued the policy perpetuates the public's discriminatory belief and perception all gay men have AIDS or HIV.

"I accept that as individuals, many gay and bisexual MSM may experience a loss of dignity, a feeling of marginalization, a sense of disappointment, and a sense of injustice when denied the opportunity to give blood, and these reactions may be all the stronger and more poignant due to the history of discrimination experienced by gay and bisexual men," Aitken wrote in her 187-page decision.

"These are significant ramifications on the quality of life. That impact, however, is not in the same league as a blood recipient who has to use blood or blood products in order to survive or make life livable, and who is asked to accept lower safety standards even though an adequate supply of blood could be provided if higher safety standards were imposed," the judge wrote.

"They also have a history of the system failing them. And if the system fails them again, their lives may be on the line," Aitken wrote before finding Freeman liable for damages of $10,000.

Canadian Blood Services is expected to have a press conference later Thursday.

----------------------------------------------------------

补充一些：

1. 按照CBS的规定，自1977年起，男的要是和另一个男的有性关系，终身8的献血。

2. 按照CBS的规定，女的如果同时和两个男的有性关系， 12个月内8的献血。

3. 在2002年，那个文章里的Gay，告诉CBS他从1990到2002一共18次献血。填表时撒谎。

4. CBS当即对他提起诉讼，那个Gay反告CBC侵犯人权

5. Public Health Agency of Canada 在2008年的报告有说： men who have sex with men comprised 44 per cent of new HIV infections.

---------------------------------------

欢迎讨论