Health Canada to change sperm donor screening rules for men who have sex with men
Health Canada will change its longstanding policy restricting gay and bisexual men from donating to sperm banks in Canada, CTV News has learned.
The federal health agency has adopted a revised directive removing the ban on gay, bisexual and other men who have sex with men, effective May 8.
The policy change would remove the current donor screening criteria, allowing men who have sex with men to legally donate sperm for the first time in more than 30 years, as part of the anonymous donation process.
This update comes after CTV News first reported last year that a gay man was taking the federal government to court, challenging the constitutionality of the policy on the basis that it violates the right to equality in the Charter of Rights and Freedoms.
According to an email Health Canada sent stakeholders informing them of the upcoming amendments to the federal directive, "sperm donors will instead be asked gender-neutral, sexual behaviour-based donor screening questions," more in-line with the 2022 change made by Canadian Blood Services to its donation policy.
However, instead of entirely eradicating restrictions for gay and bisexual men, lawyer Gregory Ko – whose client, Aziz M., brought the case – cautioned that Health Canada will continue to bar donations from those who have had new or multiple partners in the last three months, based on screening questions regarding anal sex. CTV News has agreed to protect the full identity of Aziz M. out of concerns for his privacy.
Ko said while the update is an important milestone making the sperm donation system more inclusive, his client intends to maintain his challenge against the Health Canada directive, "and the continued discrimination contained in this latest revision."
"Based on our understanding of the science, there is no scientific justification for screening criteria that continues to discriminate on the basis of sexual activity and sexual orientation, since the testing and quarantine protocols already in place allow sperm banks to detect relevant infections and exclude such donations," Ko said.
"We've moved from direct discrimination to indirect discrimination – both of which are prohibited by the Charter."
Currently, Health Canada – through what's called the "Technical Requirements for Conducting the Suitability Assessment of Sperm and Ova Donors" – prohibits gay and bisexual men from donating sperm to a sperm bank for general use, unless they've been abstinent for three months or are donating to someone they know.
For example, it stops any gay man who is sexually active from donating, even if they are in a long-term monogamous relationship. This stems back decades, related to concerns over HIV transmission.
Under the "Safety of Sperm and Ova Regulation," sperm banks operating in Canada must deem these prospective donors "unsuitable," despite all donations being subject to high standards of screening, testing and a six-month quarantine before they can be used.
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.
It's a blanket policy that the Toronto man bringing the lawsuit said made him feel like a "second-class citizen," as he was previously able to donate and help a lesbian couple conceive before coming out as gay. It's his position that this goes to the heart of the many barriers that exist for LGBTQ2S+ Canadians looking to have children.
In Canada, there are two streams for sperm donation. One involves sperm donations made to a sperm bank for general use, which is considered the "regular process."
The other is known as the "direct donation process" and involves sperm donations from a donor to a recipient who are known to one another. In these cases, sexually active gay and bisexual men can donate so long as the recipient signs a waiver.
The case connected to this policy change focuses on the first stream.
When CTV News first reported on the lawsuit, Health Canada and various federal ministers said they would be "exploring" a policy change, citing the progress made on blood donation rules.
The update, which also amends the screening criteria for ova donors, comes following "the consultations held in August 2023 and January 2024" with donor screening experts, LGBTQ2S+ groups, patient associations and industry, according to Health Canada.
In a statement to CTV News, agency spokesperson Mark Johnson said the federal government is "committed to make sure that sperm and ova donation policies are safe, non-discriminatory, and science-based."
"After a review of the latest scientific evidence and feedback received from recent consultations, Health Canada is updating the donor screening criteria… This change will not compromise the safety of donated sperm and ova in Canada."
Prime Minister Justin Trudeau and his government faced considerable pressure from the LGBTQ2S+ community after pledging for years to end the blood ban, and when it was lifted, he cheered the end of what he said was a "discriminatory and wrong" policy.
Arguments have been made that the federal health minister has the power to issue a directive and change these policies.
In a statement to CTV News, Health Minister Mark Holland's office cited the same review and consultations as the department, and did not directly comment on what involvement he had in the coming change or whether he thought the outgoing policy was discriminatory.
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
'Inspires a sense of adventure': Sask. man conquers Mount Everest
A Saskatchewan man made it to the summit of Mount Everest earlier this month.
Grayson Murray's parents say the two-time PGA Tour winner died of suicide
Grayson Murray's parents said Sunday their 30-year-old son took his own life, just one day after he withdrew from a PGA Tour event. The family asked for privacy and that people honor Murray by being kind to one another.
Some birds may use 'mental time travel,' study finds
Real quick — what did you have for lunch yesterday? Were you with anyone? Where were you? Can you picture the scene? The ability to remember things that happened to you in the past, especially to go back and recall little incidental details, is a hallmark of what psychologists call episodic memory — and new research indicates that it’s an ability humans may share with birds called Eurasian jays.
This type of screen time has the worst effect on kids: experts
According to some experts, there is one type of screen time that is continuously excessive, and it's having a severe effect on our children.
Hamas rocket attack from Gaza sets off air raid sirens in Tel Aviv for the first time in months
Hamas fired a barrage of rockets from Gaza that set off air raid sirens as far away as Tel Aviv for the first time in months on Sunday in a show of resilience more than seven months into Israel's massive air, sea and ground offensive.
Blaine Higgs 'furious' over sexual education presentation
New Brunswick Premier Blaine Higgs has shared his anger on social media over a presentation in at least four high schools.
Trump confronts repeated boos during raucous Libertarian convention speech
Donald Trump was booed repeatedly while addressing Saturday night’s Libertarian Party National Convention.
Indianapolis 500 delayed as strong storm forces fans to evacuate Indianapolis Motor Speedway
The start of the Indianapolis 500 was delayed as a strong storm pushed through the area Sunday, forcing Indianapolis Motor Speedway officials to evacuate about 125,000 fans who had already arrived for "The Greatest Spectacle in Racing."
Driver, 18, gets $3,000 ticket, 32 demerit points after speeding on Laval boulevard
A young driver received a hefty fine from Laval police after they say he was driving nearly 100 km/h over the posted speed limit.
Local Spotlight
Pomp, circumstance, and Crocs: Barrie, Ont. couple's unforgettable day at Buckingham Palace
When one is extended an invitation to the Royal Garden Party in London, England, there's undoubtedly no shortage of pomp and circumstance. Barrie, Ont. natives Megan Kirk Chang and her husband Brandon experienced just that as they entered the prestigious event hosted at Buckingham Palace on Tuesday.
Tim Meadows pledges not to shave until the Oilers win the cup, who are the team's other famous fans?
An unlikely celebrity emerged from social media to cheer on the Edmonton Oilers as they face the Dallas Stars tonight in Game 1 of the Western Conference Finals.
'Near and dear to all filmmakers': Return of Regina's discount theatre bodes well for fans, movie makers alike
The proprietors of Regina's sole discount theatre are aware they're carrying on a significant legacy.
'Best experience ever': B.C. baker on making it to the finals of Netflix's 'Is it Cake?'
When Jujhar Mann said he wanted to be a pastry chef on a grade school career project, he didn't imagine that pursuing his dream would land him on a popular Netflix baking competition.
Winnipeg flair on the menu at neighbourhood Houston restaurant
A city known for its history, ties to outer space and southern barbecue, is also home to a Winnipeg chef dishing out dozens of perogies.
Montreal photographer captures dramatic Canada goose vs. fox fight on video
A Montreal photographer captured the moment a Canada goose defended itself from a fox at the Botanical Garden.
Beyond books: Halifax libraries lends instruments, sports equipment, memory kits and more
Public libraries in Atlantic Canada are now lending a broader range of items.
'A special bird': The unbreakable bond between purple martins and humans
Flashes of purple darting across the sky mixed with the serenading sound of songs will be noticed more with spring in full force in Manitoba.
7-year-old Pokémon prodigy heading to Hawaii for world championship tournament
Catching 'em all with impressive speed, a 7-year-old boy from Windsor, Ont. who only started his competitive Pokémon journey seven months ago has already levelled up to compete at a world championship level.