Toronto Man Launches Constitutional Challenge Against Health Canada’s Organ Donation Policy

TORONTO, April 12, 2025 – A Toronto resident has initiated a legal challenge against Health Canada, calling for an end to what he describes as outdated and discriminatory organ donation screening guidelines that disproportionately affect gay and bisexual men.

Michael Fazal, a 31-year-old digital creative director and instructor at York University, is taking a stand as the lead applicant in a Charter challenge filed with the Ontario Superior Court. The case contests Health Canada’s current policy that prohibits organ and tissue donations from men who have had sex with another man within the last 12 months—regardless of their individual risk factors or medical screening results.

“This policy is not only scientifically unjustified, it is deeply stigmatizing,” said Fazal. “As someone who has been a registered donor since I was eligible, it’s disheartening to learn that my willingness to help save lives could be rejected because of my sexual orientation.”

Fazal’s legal team, Gregory Ko and Frank Nasca, argue that the regulation violates Section 15 of the Canadian Charter of Rights and Freedoms, which guarantees the right to equality. They emphasize that heterosexual donors are not subjected to comparable restrictions and that all organs are rigorously tested before transplantation.

“The implications of this case are life and death,” said Nasca. “Michael is giving a voice to those who are no longer able to speak for themselves – those who have passed away but would have wanted to save lives through donation.”

This legal action follows a growing wave of advocacy and recent reforms to Health Canada’s screening criteria for blood and sperm donations. In response to similar legal pressures, Health Canada previously adopted a behavior-based model for blood donation screening in 2022 and revised its sperm donation guidelines in 2023. Advocates hope that this challenge will help bring comparable change to organ donation policies.

The current regulation, rooted in concerns from the HIV/AIDS crisis of the 1980s and 1990s, remains one of the last significant barriers in Canada for LGBTQ2S+ individuals seeking to make biomedical donations. Under existing rules, gay and bisexual men are deemed ineligible organ donors except in rare cases where no other viable organs are available and recipients explicitly consent to a “higher risk” transplant.

These restrictions are based on sex assigned at birth, extending their reach to some transgender individuals as well. However, this stands in contrast to public-facing messaging from Canadian Blood Services, which states, “Anyone can be a potential donor regardless of age, medical condition or sexual orientation.”

The federal government acknowledges that more than 250 people die each year in Canada while waiting for a transplant. Fazal, who is of Caribbean heritage and was raised in Brampton, Ontario, also highlighted the urgent need to diversify Canada’s donor pool to better meet the needs of racialized communities.

“We shouldn’t be turning away willing, healthy donors while so many people are dying on waitlists,” Fazal said.

Health Canada confirmed in a statement that a policy review is currently underway. In 2023, the department engaged the Canadian Standards Association (CSA) to reevaluate its donor screening standards. The CSA is now conducting a public consultation—open until May 10—on a proposed shift to gender-neutral, behavior-based screening for organ and tissue donors.

“If adopted, the proposed changes would become regulatory requirements,” said Health Canada spokesperson André Gagnon. The agency declined to comment further, citing the ongoing legal proceedings.

Fazal’s legal team is seeking a court hearing on the matter later this year.