Q: I have noticed the organ donor slip attached to my driver’s licence and have been thinking about filling it in. What is the law in this area?
A: The concept of transplants has grown and gained a more acceptance in Canada. In 2000, more than 1,800 organ transplants were done in Canada, with another 2,600 transplants of corneas (eyes) in that same year.
Having said this, some 3,700 Canadians are waiting for organs to be donated. Many recipients have their quality of life improved as a direct result of transplant operations.
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Interestingly, there are gender and regional differences in the willingness to be organ donors. Women are more often organ donors than men, yet men are more likely to receive a donated organ.
For example, more than 80 percent of heart recipients are men, and about two-thirds of all recipients are male. People in Quebec are the most willing to donate (76 percent) while Atlantic Canada is the least (66 percent).
The prairie provinces fall in between at 69 percent. The average age of donors is 34 to 48 years.
Your location is also a factor to consider. In Alberta and British Columbia, there are facilities that perform almost every type of organ transplant. Manitoba and Saskatchewan are more limited in this regard.
In terms of the law, this falls under provincial jurisdiction, so you should check the requirements in your province.
Most provinces have an organ donation agency to work with the public in this area.
These organizations are helpful with information that will assist you in making a decision as to what you would really like to do.
The Saskatchewan Coalition for Organ Donor Awareness is active in public education. Its website is www.scoda.org.
The Canadian Transplant Organization has a good site, as does www.transplantmanitoba.ca and the B.C. Transplant Society.
Albertans can obtain information from either the Southern Alberta Organ and Tissue Donation Program or the Northern Alberta HOPE Program and Comprehensive Tissue Centre.
A common thread among the provinces is the requirement to become a donor. You need to sign the organ donor card or slip that usually accompanies your driver’s licence. But it’s just as important to discuss your wishes with your family or next-of-kin. This is crucial because in most provinces your family will be asked to give the final consent to the harvesting of your organs.
It is illegal to sell your organs. A donation must be a gift and cannot be done for any sort of profit. The authorities do their best to strictly enforce this law.
This is a highly personal topic that often brings up issues of religion and personal beliefs.
You should make sure the decision is your own. If you sign the card and change your mind, destroy the card and inform your family.
However, if you do decide to become an organ donor, it could be the best gift you could ever give.
Rick Danyliuk is a practising lawyer in Saskatoon with McDougall Gauley LLP. He also has experience in teaching and writing about legal issues. His columns are intended as general advice only. Individuals are encouraged to seek other opinions and/or personal counsel when dealing with legal matters.
