An Ontario court ruling has sparked anger and support.
On Thursday, the court ruled Canadian Blood Services (CBS) can continue to ban sexually active gay men from giving blood.
CBS says the controversial practice is crucial to keeping Canada's blood supply safe. "We are reassured that the court has confirmed that our policy, with respect to men who have sex with men, is not discriminatory," says Graham Sher.
Gay advocates believe the pre-screening questionnaire, given to every potential blood donor, is discriminatory.
Question 19 asks men if, since 1977, they have had sex with another man.
"It perpetuates the notion that there is something intrinsically wrong with gay people. That they're intrinsically susceptible to disease and they're all AIDS carriers," says Kelly Doctor, a lawyer for Equality for Gays and Lesbians Everywhere.
Doctor says donation decisions should be based on a person's sexual activity, not their sexual preference. "It's about the behaviour and whether you are having unprotected sex. Women engage in risky behaviour just as much as men do."
The judge also suggested banning people because of an activity that happened 33 years in the past is too long.
Blood officials promise to review the 33-year rule but won't say if that could lead to changes.
The judge also noted that giving blood is a gift and a privilege, but not a right.
