Health Canada 'exploring' policy change as ministers say sperm donor screening should be 'non-discriminatory'
Health Canada is "exploring" whether a federal policy that restricts gay and bisexual men from donating to sperm banks in Canada should change, after CTV News exclusively reported on Wednesday that a gay man is taking the federal government to court over it.
"With the recent change in screening criteria for donating blood, we understand that Health Canada is exploring if similar updates can be made in the context of donor sperm and ova," said Minister for Women and Gender Equality and Youth Marci Ien's office in a statement.
"Canadians deserve policies that are safe, non-discriminatory and based in science—no matter who you love," said Ien's press secretary Johise Namwira.
Commitments to look into the current policy were made by a few ministers on Parliament Hill on Thursday, on the heels of the CTV News report that a Toronto man is challenging the constitutionality of a Health Canada directive that deems any man who has had sex with another man in the preceding three months as an "unsuitable" donor.
It's a blanket policy that the man bringing the legal challenge says makes him feel like a "second-class citizen."
"Why I decided to take this to court is because of that feeling of discrimination," said Aziz M., the man bringing the lawsuit. Out of concern for his privacy, CTV News has agreed not to use his full name.
While the directive does not mention transgender or non-binary donors, the policy also applies to individuals who may not identify as male but would be categorized as men under the directive.
Tourism Minister Randy Boissonnault, who once was Prime Minister Justin Trudeau's special adviser on LGBTQ2S+ issues, said that the Liberal government has "made a lot of strides" but "we're always going to have more work to do."
"Issues like this that come up need to be unraveled so that we have full participation in society by people regardless of their sexual orientation, gender identity or expression," Boissonnault said.
JUSTICE MINISTER WILL 'LOOK AT' THE ISSUE
Justice Minister David Lametti told reporters that the policy was "certainly something that we will look at."
"I've [been] made aware of the issue this morning when I read the papers, and certainly, we live in a charter society," Lametti told reporters on Parliament Hill on Thursday.
The lawsuit was filed in January with the Superior Court of Ontario and Lametti, as the Attorney General of Canada, is the respondent.
Gregory Ko, who is co-counsel on the case and a partner at law firm Kastner Lam LLP, says that the Attorney General has assigned a lawyer in their Toronto office to respond to the litigation.
MINISTERS CITE 'RECENT' BLOOD DONATION CHANGE
Last year, after years of successive updates and backed by research and risk modelling, a similar policy restricting blood donations from men who have sex with men was replaced by a behaviour-based screening system for all donors, regardless of gender or sexuality.
This change to the blood donation rules is part of the reason why the current sperm regulations are under the microscope. It raises questions over why, when layers of testing and screening are involved, the science in one instance supports moving away from a blanket restriction, and the other doesn’t.
"It's similar to the unscientific and discriminatory ban," said NDP MP and health critic Don Davies. "It sounds to me like it's a similar issue."
When the blood donation screening criteria changed, Prime Minister Justin Trudeau cheered the end of what he said was a "discriminatory and wrong" policy.
RULES SHOULD BE 'BASED ON EVIDENCE'
Asked whether, similar to the blood ban, they think the current sperm donation regulations are discriminatory, the ministers who CTV News spoke with weren't definitive.
"Whatever rules there are should be based on evidence," said Minister of Families, Children and Social Development Karina Gould. "We should be making sure that it's based on actual evidence and that we shouldn't be doing anything that is discriminatory on behalf of the Government of Canada."
Minister of Sport Pascale St-Onge—who made history as the first out lesbian federal cabinet minister when she was named to Trudeau's cabinet in 2021—said "generally speaking I don't think that there should be discrimination against gay men."
Boissonnault said it's an issue that he'll be raising with Health Minister Jean-Yves Duclos, who is facing calls to use the power he has as the minister responsible, to step in and update the directive.
"I think it's the minister's duty to ensure that there's no discrimination in Canadian health policy," said Davies.
IN DEPTH
Budget 2024 prioritizes housing while taxing highest earners, deficit projected at $39.8B
In an effort to level the playing field for young people, in the 2024 federal budget, the government is targeting Canada's highest earners with new taxes in order to help offset billions in new spending to enhance the country's housing supply and social supports.
'One of the greatest': Former prime minister Brian Mulroney commemorated at state funeral
Prominent Canadians, political leaders, and family members remembered former prime minister and Progressive Conservative titan Brian Mulroney as an ambitious and compassionate nation-builder at his state funeral on Saturday.
'Democracy requires constant vigilance' Trudeau testifies at inquiry into foreign election interference in Canada
Prime Minister Justin Trudeau testified Wednesday before the national public inquiry into foreign interference in Canada's electoral processes, following a day of testimony from top cabinet ministers about allegations of meddling in the 2019 and 2021 federal elections. Recap all the prime minister had to say.
As Poilievre sides with Smith on trans restrictions, former Conservative candidate says he's 'playing with fire'
Siding with Alberta Premier Danielle Smith on her proposed restrictions on transgender youth, Conservative Leader Pierre Poilievre confirmed Wednesday that he is against trans and non-binary minors using puberty blockers.
Supports for passengers, farmers, artists: 7 bills from MPs and Senators to watch in 2024
When parliamentarians return to Ottawa in a few weeks to kick off the 2024 sitting, there are a few bills from MPs and senators that will be worth keeping an eye on, from a 'gutted' proposal to offer a carbon tax break to farmers, to an initiative aimed at improving Canada's DNA data bank.
Opinion
opinion Don Martin: Gusher of Liberal spending won't put out the fire in this dumpster
A Hail Mary rehash of the greatest hits from the Trudeau government’s three-week travelling pony-show, the 2024 federal budget takes aim at reversing the party’s popularity plunge in the under-40 set, writes political columnist Don Martin. But will it work before the next election?
opinion Don Martin: The doctor Trudeau dumped has a prescription for better health care
Political columnist Don Martin sat down with former federal health minister Jane Philpott, who's on a crusade to help fix Canada's broken health care system, and who declined to take any shots at the prime minister who dumped her from caucus.
opinion Don Martin: Trudeau's seeking shelter from the housing storm he helped create
While Justin Trudeau's recent housing announcements are generally drawing praise from experts, political columnist Don Martin argues there shouldn’t be any standing ovations for a prime minister who helped caused the problem in the first place.
opinion Don Martin: Poilievre has the field to himself as he races across the country to big crowds
It came to pass on Thursday evening that the confidentially predictable failure of the Official Opposition non-confidence motion went down with 204 Liberal, BQ and NDP nays to 116 Conservative yeas. But forcing Canada into a federal election campaign was never the point.
opinion Don Martin: How a beer break may have doomed the carbon tax hike
When the Liberal government chopped a planned beer excise tax hike to two per cent from 4.5 per cent and froze future increases until after the next election, says political columnist Don Martin, it almost guaranteed a similar carbon tax move in the offing.
CTVNews.ca Top Stories
'Most of the city is evacuating': Gridlock on Alberta highway after evacuation order in Fort McMurray
Four Fort McMurray neighbourhoods were ordered to evacuate on Tuesday as a wildfire gets closer to the city.
Sask. police seize 1.5M pieces of evidence, lay 60 more charges in child exploitation case
Saskatchewan RCMP have revealed that a historic sexual assault investigation has led to the discovery of alleged crimes against children dating back to 2005.
'Inappropriate' behaviour shuts down Dublin to New York City portal
Less than a week after two public sculptures featuring a livestream between Dublin, Ireland, and New York City debuted, 'inappropriate behaviour' in real-time interactions between people in the two cities has prompted a temporary shutdown.
Oilers starting Calvin Pickard in goal for Game 4 vs. Canucks
The Edmonton Oilers will start Calvin Pickard in net Tuesday for Game 4 of their playoff series with the Vancouver Canucks.
Biden administration moving ahead on US$1 billion arms package for Israel, AP sources say
The Biden administration has told key lawmakers it is sending a new package of more than US$1 billion in arms and ammunition to Israel, two congressional aides said Tuesday.
King Charles III unveils his first official portrait since his coronation
King Charles III has unveiled the first portrait of the monarch completed since he assumed the throne, a vivid image that depicts him in the bright red uniform of the Welsh Guards against a background of similar hues.
Full List Are these Canada's best restaurants? Annual top 100 list revealed
The annual list of Canada's top restaurants in the country was just released and here are the places that made the 2024 cut.
Maximum payout for LifeLabs class-action drops from $150 estimate to $7.86
Canadian LifeLabs customers who filed an application for a class-action settlement began receiving their payments this week, though at a much lower amount than initially expected.
About 1,000 wildfires confirmed so far this year: Here's a quick look at the situation in Canada
Nearly 1,000 wildfires have burned across Canada so far this year. Here's an overview of the situation in Canada.
Local Spotlight
'We're on standby': Team ready to help entangled right whale in Gulf of St. Lawrence
A team is ready to help an entangled North Atlantic right whale in the Gulf of St. Lawrence.
Thieves caught on camera stealing pet chicken from North Vancouver backyard
A $200 reward is being offered by a North Vancouver family for the safe return of their beloved chicken, Snowflake.
Adopted daughter in the Netherlands reunited with sister in Montreal and mother in Colombia, 40 years later
Two daughters and a mother were reunited online 40 years later thanks to a DNA kit and a Zoom connection despite living on three separate continents and speaking different languages.
'Reimagining Mother's Day': Toronto woman creates Motherless Day event after losing mom
Mother's Day can be a difficult occasion for those who have lost or are estranged from their mom.
Chris Hadfield inspires youth musical in Sudbury
YES Theatre Young Company opened its acclaimed kids’ show, One Small Step, at Sudbury Theatre Centre on Saturday.
Ottawa pizzeria places among top 20 deep-dish pizzas in the world at international competition
An Ottawa pizzeria is being recognized as one of the top 20 deep-dish pizzas in the world.
From outer space? Sask. farmers baffled after discovering strange wreckage in field
A family of fifth generation farmers from Ituna, Sask. are trying to find answers after discovering several strange objects lying on their land.
Wilfrid Laurier football player drafted despite only playing 27 games in his entire life
A Listowel, Ont. man, drafted by the Hamilton Tigercats last week, is also getting looks from the NFL, despite only playing 27 games of football in his life.
Federal government bans watercraft from Manitoba lake popular with tourists
The threat of zebra mussels has prompted the federal government to temporarily ban watercraft from a Manitoba lake popular with tourists.