Dear Friends:
The purpose of this message is to introduce ourselves to those who have expressed an interest and support of the gamete donor lawsuit. This class action lawsuit was filed in October by Olivia Pratten on behalf of all people conceived via donated gametes in B.C., Canada
Here is the original press release:
http://www.arvayfinlay.com/news/news-oct28-2008.html
In an effort to see this suit through, several interested parties have formed an organization called CDCC (Canadian Donor Conception Coalition) The purpose of this organization is to keep interested parties informed and updated as the lawsuit progresses. In the New Year we will be starting to fundraise for the legal costs of the suit
Throughout the world, records of sperm and egg donations are frequently left to languish on doctors shelves and to gather dust in fertility clinics. Like original birth certificates for adoptees, these files and records are the only link that offspring have to accessing their health and social histories. Unfortunately in BC, because these files are recognized as being a regular medical file, it means that they can be destroyed after 6 years from the last point of contact with the physician. In 2008, four years after the federal law governing these practices came into effect, the new Assisted Human Reproductive Agency informed us they had no legal jurisdiction to prevent past gamete donor records from being destroyed. In response we decided to seek legal advice and the class action lawsuit was filed.
OUR LEGAL REPRESENTATION
We are represented by Joseph Arvay QC and Sean Hern Mr. Arvay has been involved in many constitutional cases of importance in British Columbia and other parts of Canada. He has also recently been named as one of the top 100 best lawyers in Canada in the Canadian Legal Lexpert Directory for two years in a row. Sean Hern has been specifically chosen by Mr. Arvay to co-counsel with him in this case as he regards him as one of the very best and brightest of the young lawyers in the Province.
SO WHAT'S NEW?
Today (December 18th) Madame Justice Gerow issued an interlocutary injunction which extends the order by Chief Justice Brenner to protect all gamete donor records from being destroyed. More information to follow early in the New Year.
SO WHAT'S COMING UP NEXT ?
At the end of January the case will go back to court to be certified as a class action and in 12-18 months from now it is expected to go to trial.
We are in the process of setting of up a website that will provide more information about the case, and further updates as things happen. There will be further notification about the website in the New Year.
Any ideas and suggestions you might have for us would be very welcome.
Merry Christmas to you all.
Olivia Pratten,
spokesperson for the Canadian Donor Conception Coalition (CDCC)