The Freeman v. Canadian Blood Services case began in 2002 when Mr. Freeman countersued CBS for discrimination due to his sexual orientation. Justice Aitken ultimately sides with CBS, ruling that because CBS is a non-profit organization and is not a government entity, it’s not subject to the Charter. She acknowledges that the permanent ban policy is not justified by evidence (disappointing activist groups by not ordering for this to be rectified), but rules that it is based on health and safety considerations rather than discrimination. She also rules that blood donation is a gift (rather than a right), which CBS is under no legal obligation to accept.

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