Man taking Health Canada to court over ‘stigmatizing, and discriminatory’ organ donation policy

The government of Canada is facing a new court challenge over the constitutionality of Health Canada’s screening criteria that prohibits potentially lifesaving organ donations from gay and bisexual men.

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Michael Fazal, a 31-year-old-gay plaintiff living in Toronto, is challenging the constitutionality of Health Canada’s screening criteria regarding organ donations.  While some recent changes have been made to Canada’s policies surrounding some biomedical donations, as with sperm and blood, restrictions remain for gay and bisexual men who wish to donate organs, restrictions that do not presently apply to heterosexual donors. According to the Canadian federal government’s website , on average, 250 people on the transplant list die per year while waiting. Fazal is correct that this should no longer be the case. His and his lawyer’s efforts exemplify laudable queer activism, and such activism has a proven track record. For instance, it was activist pushback that led to the 2022 revisions of Health Canada’s discriminatory blood donation policies regarding men who have sex with men. Despite these positive changes around sexual orientation, it’s worth noting that healthcare systems continue to promote racial stigma. If you’re interested in this topic, be sure to check out Dr. OmiSoore H Dryden’s recent book Got Blood to Give: Anti-Black Homophobia in Blood Donation for further insight.

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