Why Lomaga withdraws Quebec blood ban action
Adrian Lomaga announced earlier today that he is withdrawing his lawsuit against Hema-Quebec. 
The case as to head to court on Monday, April 4. Lomaga writes in a statement that he anticipates the deferral period imposed on men who have sex with men will be reduced to five years. As it stands now, if you have had sex with another man even once since 1977, you are banned from donating blood in Canada.
We'll have more on this story as details emerge.
For now, check out some of Xtra's previous work on the ban against gay blood.
Read the text of Lomaga's statement bleow.
Dear Friends,
A development has taken place which warrants a delay in my lawsuit against Hema-Quebec.
The Canadian Standards Association, an independent body which consults with leading experts, is considering making a change to the lifetime deferral imposed on men who have sex with men from the blood donor pool.
The experts who were going to give evidence at my trial on my behalf and on behalf of Hema-Quebec both agreed that a 5 year deferral period is likely reasonable and would not increase the risk of a disease being passed from a blood donor to a blood recipient. Further, they each agreed that if the deferral period were 1 year, that there would be some increased risk of HIV being transfused. Depending on which expert you ask, that risk is 1 additional unit of HIV being transfused once every 16 years or once every 328 years in Canada.
The Ontario Superior Court recently ruled that the lifetime deferral of men who have sex with men was reasonable and not discriminatory. Given this negative precedent, my lawyers were concerned that if we were unsuccessful in the Quebec Superior Court, that there would be two bad precedents. Worse, if the blood banks changed the deferral period from the time that the Quebec Superior Court gave its reasons but before it was heard on appeal at the Quebec Court of Appeal, the Quebec Court of Appeal may choose not to hear the appeal because the issue could become irrelevant, or moot. There would then be two bad decisions for equality rights in Canada.
Since it seems that change is likely going to take place within a year, I have agreed to withdraw my action for the time being. The lawyers for Health Canada proposed this resolution and I agreed. Rest assured, however, that if change does not take place, a new action will be started and the litigation will resume.
The outpouring of support from across the country has been tremendous. Thank you. The fight for equality, however, is not over. I encourage you all to speak out about this injustice and to keep the pressure on both Canadian Blood Services and Hema-Quebec. For those who can afford to make a donation to EGALE Canada, that too would be helpful in paying for legal costs associated with this litigation. You can donate atwww.egale.ca/donate <http://www.egale.ca/donate> . Please mark your donation to “Adrian”.
Once again, thank you to all of you. We could not have gotten this far without your support.
Yours very truly,
Adrian Lomaga
The case as to head to court on Monday, April 4. Lomaga writes in a statement that he anticipates the deferral period imposed on men who have sex with men will be reduced to five years. As it stands now, if you have had sex with another man even once since 1977, you are banned from donating blood in Canada.We'll have more on this story as details emerge.
For now, check out some of Xtra's previous work on the ban against gay blood.
Read the text of Lomaga's statement bleow.
Dear Friends,
A development has taken place which warrants a delay in my lawsuit against Hema-Quebec.
The Canadian Standards Association, an independent body which consults with leading experts, is considering making a change to the lifetime deferral imposed on men who have sex with men from the blood donor pool.
The experts who were going to give evidence at my trial on my behalf and on behalf of Hema-Quebec both agreed that a 5 year deferral period is likely reasonable and would not increase the risk of a disease being passed from a blood donor to a blood recipient. Further, they each agreed that if the deferral period were 1 year, that there would be some increased risk of HIV being transfused. Depending on which expert you ask, that risk is 1 additional unit of HIV being transfused once every 16 years or once every 328 years in Canada.
The Ontario Superior Court recently ruled that the lifetime deferral of men who have sex with men was reasonable and not discriminatory. Given this negative precedent, my lawyers were concerned that if we were unsuccessful in the Quebec Superior Court, that there would be two bad precedents. Worse, if the blood banks changed the deferral period from the time that the Quebec Superior Court gave its reasons but before it was heard on appeal at the Quebec Court of Appeal, the Quebec Court of Appeal may choose not to hear the appeal because the issue could become irrelevant, or moot. There would then be two bad decisions for equality rights in Canada.
Since it seems that change is likely going to take place within a year, I have agreed to withdraw my action for the time being. The lawyers for Health Canada proposed this resolution and I agreed. Rest assured, however, that if change does not take place, a new action will be started and the litigation will resume.
The outpouring of support from across the country has been tremendous. Thank you. The fight for equality, however, is not over. I encourage you all to speak out about this injustice and to keep the pressure on both Canadian Blood Services and Hema-Quebec. For those who can afford to make a donation to EGALE Canada, that too would be helpful in paying for legal costs associated with this litigation. You can donate atwww.egale.ca/donate <http://www.egale.ca/donate> . Please mark your donation to “Adrian”.
Once again, thank you to all of you. We could not have gotten this far without your support.
Yours very truly,
Adrian Lomaga
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