How is Canadian Blood Services not subject to the Canadian Charter of Rights and Freedoms?
Vezina noted that the first question the judge asked in the trial was whether or not Canadian Blood Services was subject to the charter. “The charter does not apply to us only because we are not a government organization,” said Vezina. “For a lot of people it’s an eye-opener that the Charter of Rights only applies to government organizations. Even for myself, I thought everyone in Canada was subject to the charter but they’re not — it’s for government organizations.” Nevertheless, it’s an issue that Canadian Blood Services was still interested in exploring. “Just because the charter doesn’t apply to us doesn’t mean it’s not an issue of human rights. We asked for the trials because the judge said ‘If the court rules that the charter does not apply to CBS, does CBS want the judge’s opinion on whether it is discriminatory or not?’ ” Of course, the judge ruled that the patient receiving blood was the priority, not the donor. Is there a higher risk of HIV infection in men who have had sex w
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