This case is seeking to strike out the provision in the policy that specifically applies to men who have sex with men, according to the application commencing litigation. "Why I decided to take this to court is because of that feeling of discrimination,” said Aziz.Īziz and his lawyers are challenging the directive-filed with the Superior Court of Ontario in January-on the basis that it violates the right to equality in the Charter of Rights and Freedoms. It's a blanket policy that the Toronto man bringing the lawsuit, says makes him feel like a "second-class citizen." 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 screening, testing and a six-month quarantine before they can be used. Out of concern for his privacy, CTV News has agreed not to use his full name.Ĭurrently, a Health Canada directive prohibits gay and bisexual men from donating sperm to a sperm bank unless they've been abstinent for three months or are donating to someone they know.įor example, it stops any gay man who is sexually active from donating, even if they are in a long-term monogamous relationship. " like you're undesirable because of your gayness as a donor … It feels like such an arbitrary rule," said Aziz M, the man who is pushing to change the rules. A gay man is taking the federal government to court, challenging the constitutionality of a policy restricting gay and bisexual men from donating to sperm banks in Canada, CTV News has learned.
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