Canadian AIDS Society v Ontario (Court of Appeal 1995)
3rd January 1995, 12:00 pm
The Canadian AIDS Society sought a declaration that Health Protection and Promotion Act (HPPA) and the Laboratory and Specimen Collection Centre Licensing Act (LSCCLA), which required that blood donors and public health authorities be notified if the donor is HIV positive, violated the donor’s right to life, liberty, security and be free from search and seizure.

The Court dismissed the application, finding that the testing of the donor’s blood and disclosure of the donor’s HIV status to public health authorities may infringe the right to life, liberty, security and be free from search and seizure, but the infringement was neither contrary to the principles of fundamental justice nor unreasonable. The Court acknowledged a right to privacy, but found that both Acts provided an appropriate balance between respecting the donor’s privacy and the state’s objective of promoting public health, and thus were not contrary to the principles of fundamental fairness.

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