DEAR FRIENDS,
WE NEED YOUR HELP
After more than 15 years of lobbying, endless debates and government consultations, Bill C-6, An Act Respecting Assisted Human Reproduction and Related Research, (AHR Act) became law in April of 2004.
Unfortunately, the legislation did not address whether the existing records of sperm, egg, and embryo donors should be preserved. So, in accordance with current practice, such records are being destroyed after just 6-10 years, depending on the province. Moreover, the AHR Act itself is in jeopardy because of a constitutional challenge by the Province of Quebec, whose Court of Appeal struck down various sections on June 19, 2008, citing infringements on provincial jurisdiction in health care. Thus, the health interest of thousands of donor-conceived Canadians is imperiled and the donor records face destruction.
On October 24th, 2008, a lawsuit was filed by Olivia Pratten on behalf of all people in British Columbia born through donated sperm, eggs, or embryos in the face of failure by the federal and provincial governments to protect the rights of donor-conceived people. Although the lawsuit is against British Columbia’s Attorney General and College of Physicians and Surgeons, it has implications for all of Canada and possibly the United States as well. An injunction has been granted preventing any person in British Columbia from destroying Olivia’s records, or the records of any other donor-conceived person, pending a final adjudication of the case. If the case is ultimately successful, medical and social information will be preserved and accessible for the donor-conceived person who will also have an opportunity (unless the donor objects) to know the identity of the donor.
“Our clients seek information that might be said to be of the most basic and fundamental to the human condition. Knowing about one's biological origin and thus their biological parent’s medical history, may be vital to our client’s present and future health,” said Joe Arvay, Q.C., who is senior counsel in this case, and is assisted by Sean Hern, LL.B, who is co-counsel.
Click the
DONATE button above to donate to the
Canadian Donor Conception Coalition
(or) if you wish to make a donation directly to the law firm as a contribution towards the legal fees, please contact Sally Yee at
syee@arvayfinlay.com or by phone
604-689 4421
As the legal costs are expected to be significant for trial, and much more should the case make it's way to the Supreme Court of Canada, we need your help. Legal bills to date are approaching $200,000. Please make a donation to support this action. Members of the coordinating committee and legal counsel have contributed a significant amount of time and money to this case because we believe that people conceived through reproductive technologies have both legal and ethical rights to their health information, including genetic and social information.
All monies received will be paid directly to a trust fund to cover the lawyers’ fees and disbursements for this legal challenge.
