New report outlines how Manitoba could change organ donation laws

WINNIPEG -

If Manitoba were to look at changing the legislation for organ donations, a new report could provide the framework for it to be done.

Currently in Manitoba, the law requires explicit consent from organ or tissue donors for the use of any body part after death.

The Manitoba Law Reform Commission offered an outline in a new report for the province to consider if it were to amend its Human Tissue Gift Act.

The new report focuses on presumed consent, something that the province of Nova Scotia introduced last year.

"What it means, this presumed consent or opt out system, is it means, right now in Nova Scotia when a person dies and there's no record of their decision one way or another, is going to be presumed under law, to have been given," said Stefanie Goldberg, legal counsel at the commission.

Presumed consent is designed to increase organ and tissue donation rates.

"The commission looked at Nova Scotia legislation and also bills that are before legislation in other provinces right now and used those as a guideline in terms of coming to the recommendations that we came to."

The report recommends the creation of a central registry utilizing services such as Manitoba Public Insurance and Manitoba Health to indicate consent or refusal, outlining exceptions and the role of individuals who may consent or refuse on someone else's behalf.