Proposed Blood Samples Legislation

On November 30th, of last year Manitoba Conservative MLA Kelvin Goertzen (Steinbach) introduced a private members bill in the provincial legislature entitled "The Mandatory Testing of Bodily Substances Act" (Bill 209). A copy of the proposed legislation can be downloaded here. Simply put, this Act would permit a blood sample to be ordered for testing purposes if a crime victim, good samaritan, or anyone rendering care in an emergency situation came into contact with another persons bodily fluids.

At first glance it appears that Mr. Goertzen's bill is very similar to the first blood samples legislation passed by the Ontario government almost 5 years ago. That Act relied on the province's Medical Officer of Health to determine if a significant exposure to bodily fluids had in fact occurred and order a blood sample to be taken from the patient or source individual. So too does Bill 209. Other provinces (Nova Scotia, Saskatchewan and Alberta) have opted for the courts to make the decision and order blood testing. Both systems are deserving of further investigation.

Since passing their initial blood samples legislation, Ontario has amended it in an effort to speed up the process. Under the old Act, delays of up to 70 days could take place before the sampling was ordered. Under the new legislation that delay has been reduced to approximately 17 days.

Today, representatives from the Paramedic Association of Manitoba were invited to meet with staff from the Departments of Justice and Health to review Mr. Goertzen's bill and hear comparative comments about the other provinces that have similar legislation. It would appear that our provincial government has reconsidered their decision of 2005 not to proceed with blood samples legislation and are now prepared to move in that direction. PAM has been lobbying for this type of legislation for some time now.

On closer inspection we may find that Bill 209 needs some revisions to meet our expectations in terms of ease of process and access. It's also almost certain that this Bill will die on the floor of the legislature if an election is called in the next few days or weeks. But the fact that Mr. Goertzen has generated government interest by introducing this Bill bodes well for the future. If the NDP continue to govern, they most likely will want to take the initiative away from the Conservatives by amending this legislation or introducing their own. If the Conservatives form a government in the next while, it should be quite simple to convince them of the importance to move forward in light of who re-ignited this process just a few months ago. Either way, the future looks promising on this front.