Krever Inquiry
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The tainted blood disaster, or the tainted blood scandal, was a Canadian public health crisis in the 1980s in which thousands of people were exposed to
HIV The human immunodeficiency viruses (HIV) are two species of ''Lentivirus'' (a subgroup of retrovirus) that infect humans. Over time, they cause acquired immunodeficiency syndrome (AIDS), a condition in which progressive failure of the immune ...
and
hepatitis C Hepatitis C is an infectious disease caused by the hepatitis C virus (HCV) that primarily affects the liver; it is a type of viral hepatitis. During the initial infection people often have mild or no symptoms. Occasionally a fever, dark urine, a ...
through contaminated blood products. It became apparent that inadequately-screened blood, often coming from high-risk populations, was entering the system through
blood transfusion Blood transfusion is the process of transferring blood products into a person's circulation intravenously. Transfusions are used for various medical conditions to replace lost components of the blood. Early transfusions used whole blood, but mo ...
s.CBC Digital Archives - Canada's Tainted Blood Disaster
/ref> It is now considered to be the largest single (preventable) public health disaster in the history of Canada.https://sencanada.ca/content/sen/committee/421/SOCI/Briefs/Brief_Bloodwatch_e.pdf The Commission of Inquiry on the Blood System in Canada, more commonly referred to as the Krever Commission or Krever Inquiry, was a royal commission of inquiry into the tainted blood scandal, investigating how the Canadian Red Cross and the provincial and federal governments allowed contaminated blood into the healthcare system. Established by the Canadian Government in October 1993 and headed by Justice
Horace Krever Quintus Horatius Flaccus (; 8 December 65 – 27 November 8 BC), known in the English-speaking world as Horace (), was the leading Roman lyric poet during the time of Augustus (also known as Octavian). The rhetorician Quintilian regarded his '' ...
, the Krever Commission is one of the most high-profile public inquiries in Canadian history and is seen as bringing the scandal into the public eye. Over 30,000 Canadians were infected with hepatitis C between 1980 and 1990 and approximately 2,000 Canadians were infected with HIV between 1980 and 1985. Picard, André. 2006 February 7.
Krever Inquiry
" ''The Canadian Encyclopedia''. Last Edited October 17, 2014.
Around 8,000 of those who received tainted blood died or are expected to die as a result. Some blood products were also sent abroad, infecting people in
Japan Japan ( ja, 日本, or , and formally , ''Nihonkoku'') is an island country in East Asia. It is situated in the northwest Pacific Ocean, and is bordered on the west by the Sea of Japan, while extending from the Sea of Okhotsk in the north ...
,
Germany Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated betwe ...
, and Britain.


Background and crisis

Since the 1940s, blood supply in
Canada Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
had largely been the responsibility of the
Canadian Red Cross Society The Canadian Red Cross Society ()Connaught Laboratories The Connaught Medical Research Laboratories was a non-commercial public health entity established by Dr. John G. FitzGerald in 1914 in Toronto to produce the diphtheria antitoxin. Contemporaneously, the institution was likened to the Pasteur Inst ...
, the major producer of blood products in Canada. Connaught had initially been a non-profit company operated by the
University of Toronto The University of Toronto (UToronto or U of T) is a public research university in Toronto, Ontario, Canada, located on the grounds that surround Queen's Park. It was founded by royal charter in 1827 as King's College, the first institution ...
; by the 1980s it had been sold into the private sector. The Canadian Red Cross set the standards for health and safety in the collection, testing, storage, and distribution of blood and its components until 1989. In 1981, the
Canadian Blood Committee Canadians (french: Canadiens) are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of ...
was created by the provincial ministers of health and funded the Red Cross's blood transfusion service. In 1984, some major blood banks in the United States began to use a new test, called surrogate testing, to screen blood for hepatitis B, an indicator of HIV. However, the Canadian Red Cross did not follow suit. It was not until 1985 that the Red Cross began screening and testing donated blood for HIV; meantime, another virus made its way into the blood system:
Hepatitis C Hepatitis C is an infectious disease caused by the hepatitis C virus (HCV) that primarily affects the liver; it is a type of viral hepatitis. During the initial infection people often have mild or no symptoms. Occasionally a fever, dark urine, a ...
. In November 1985, the Canadian Red Cross Society began testing all donated blood for the presence of the antibody to HIV. In 1986 and 1987, though Factor VIII concentrate was heat-treated to kill HIV, the treatment was faulty and seven children were infected. The Canadian Hemophilia Society demanded the product be pulled, but the Red Cross refused. According to one estimate, about 133 cases of HIV transmission via blood products took place between March and November 1985. Moreover, a test to screen blood for hepatitis C was made available in 1986, but the Red Cross did not begin using it on donated blood until 1990. As of December 1989, around 1,250 Canadians, many of them hemophiliacs, were known to have contracted HIV through blood products. Once the extent of the infection of the tragedy was known, the Red Cross failed to track down those who had received tainted blood so that they could receive treatment and avoid passing on the viruses to others.


Inquiry

In November 1992, a
parliamentary committee A committee or commission is a body of one or more persons subordinate to a deliberative assembly. A committee is not itself considered to be a form of assembly. Usually, the assembly sends matters into a committee as a way to explore them more ...
called the Commons Sub-Committee on Health Issues began to examine the tainted blood scandal. In May 1993, having heard from over 30 witnesses, the Committee recommended a full-scale inquiry. Likewise, on 16 September 1993, the federal, provincial, and territorial ministers of health, except for the Minister of Health of Quebec, recommended that a public inquiry be established. That month, the
Government of Canada The government of Canada (french: gouvernement du Canada) is the body responsible for the federal administration of Canada. A constitutional monarchy, the Crown is the corporation sole, assuming distinct roles: the executive, as the ''Crown ...
announced a full-scale, CA$2.5-million inquiry into the tainted-blood crisis. Order in Council PC 1993-1879 was issued on 4 October 1993, and the Commission of Inquiry on the Blood System in Canada was issued on October 27, appointing Justice Horace Krever as chair. The goal of the inquiry was "to review and report on the mandate, organization, management, operations, financing and regulation of all activities of the blood system in Canada, including the events surrounding the contamination of the blood system in Canada in the early 1980s." This was to be achieved by examining "the organization and effectiveness of past and current systems designed to supply blood and blood products in Canada; the roles, views, and ideas of relevant interest groups; and the structures and experiences of other countries, especially those with comparable federal systems." The Commission would end up fighting various pitched legal battles with federal government, mainly over its right to name publicly those who had failed in their duties. In the process, the Commission redefined the role of
public inquiries In public relations and communication science, publics are groups of individual people, and the public (a.k.a. the general public) is the totality of such groupings. This is a different concept to the sociological concept of the ''Öffentlichkei ...
in Canada.


Hearings

Preliminary Preliminary may refer to: * Preliminary internships * Preliminary English Test * Preliminary finals * Preliminary hearing * Preliminary Notice See also

*Preliminary examination (disambiguation) {{disambig ...
and
public hearing In law, a hearing is a proceeding before a court or other decision-making body or officer, such as a government agency or a legislative committee. Description A hearing is generally distinguished from a trial in that it is usually shorter and o ...
s in the inquiry took over 2 years. The Commission heard from 474 people and 89 written submissions. Organizational hearings were held in Ottawa, Ontario, on 22 and 23 November 1993. At those hearings the following parties received standing: * the
Red Cross The International Red Cross and Red Crescent Movement is a Humanitarianism, humanitarian movement with approximately 97 million Volunteering, volunteers, members and staff worldwide. It was founded to protect human life and health, to ensure re ...
; * the
Canadian Blood Agency Canadians (french: Canadiens) are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of ...
; * the governments of Canada, nine provinces, and the territories; *
Connaught Laboratories The Connaught Medical Research Laboratories was a non-commercial public health entity established by Dr. John G. FitzGerald in 1914 in Toronto to produce the diphtheria antitoxin. Contemporaneously, the institution was likened to the Pasteur Inst ...
; * Miles Canada Inc. (later Bayer Inc.); and * nine organizations, including the Canadian Hemophilia Society and the
Canadian AIDS Society The Canadian AIDS Society (CAS) operates as a national Charitable organization (Canada), charitable organization, functioning as a coalition representing various community-based AIDS service organization, AIDS Service Organizations (ASOs) acro ...
, that represented persons who had been infected with HIV or hepatitis C by blood, blood components, or blood products, and other persons interested in the contamination of the blood supply in the 1980s. The first phase of public hearings was conducted between February and December 1994 in every province except
Prince Edward Island Prince Edward Island (PEI; ) is one of the thirteen Provinces and territories of Canada, provinces and territories of Canada. It is the smallest province in terms of land area and population, but the most densely populated. The island has seve ...
, for which evidence was heard in
Halifax, Nova Scotia Halifax is the capital and largest municipality of the Canadian province of Nova Scotia, and the largest municipality in Atlantic Canada. As of the 2021 Census, the municipal population was 439,819, with 348,634 people in its urban area. The ...
. In addition to infected persons or members of their families, those who testified in this phase included employees of local Red Cross blood centres, provincial government officials, and representatives of community and AIDS-related organizations; in total, 315 witnesses testified during the first phase of public hearings. The second phase of public hearings addressed broader national concerns regarding the historical actions and relationships of the participants in the Canadian blood system. These hearings took place in
Toronto, Ontario Toronto ( ; or ) is the capital city of the Canadian province of Ontario. With a recorded population of 2,794,356 in 2021, it is the most populous city in Canada and the fourth most populous city in North America. The city is the ancho ...
, between March and November 1995, equating to over 100 days of hearings with 84 witnesses testifying in total. The third phase of public hearings addressed the organization of the blood system current to the time. In this phase, which took place in Toronto during November and December 1995, round-table discussions were held on issues affecting the blood system; case studies were conducted with the cooperation of the major organizations in the system (the
Canadian Red Cross Society The Canadian Red Cross Society ()Association of Hemophilia Clinic Directors of Canada) to examine what changes had been made to their decision-making processes since the 1980s; and presentations were made by the major organizations regarding the current blood system.


Report and fallout

In 1989, the
Government of Canada The government of Canada (french: gouvernement du Canada) is the body responsible for the federal administration of Canada. A constitutional monarchy, the Crown is the corporation sole, assuming distinct roles: the executive, as the ''Crown ...
provided CA$120,000 in "
humanitarian assistance Humanitarian aid is material and logistic assistance to people who need help. It is usually short-term help until the long-term help by the government and other institutions replaces it. Among the people in need are the homeless, refugees, and ...
" to victims of tainted blood in exchange for a guarantee that they would not sue. In 1993, the provinces extended the compensation plan, offering $30,000 annually to all those who had contracted the AIDS virus from blood. In April 1996, the provincial and federal ministers of health met to begin the reform of the Canadian blood system, agreeing that a safe, integrated, accountable, and transparent national blood system was needed. The Krever Commission tabled its report in the House of Commons on 26 November 1997. It estimated that 85% of the 30,000 hepatitis C infections from blood transfusions between 1986 and 1990 could have been prevented. Krever concluded that the Canadian government failed to take precautionary screening and testing measures to protect Canada's blood supply. The inquiry also uncovered cost-cutting attempts, which favoured for-profit paid-
plasma Plasma or plasm may refer to: Science * Plasma (physics), one of the four fundamental states of matter * Plasma (mineral), a green translucent silica mineral * Quark–gluon plasma, a state of matter in quantum chromodynamics Biology * Blood pla ...
schemes; cover-ups; and widespread political interference; as well as negligent importation of blood collected from high-risk American donors. The Report suggested that the Canadian blood system should be governed by 5 principles: * blood is a public resource; * no one should be paid to donate
blood Blood is a body fluid in the circulatory system of humans and other vertebrates that delivers necessary substances such as nutrients and oxygen to the cells, and transports metabolic waste products away from those same cells. Blood in the c ...
or
plasma Plasma or plasm may refer to: Science * Plasma (physics), one of the four fundamental states of matter * Plasma (mineral), a green translucent silica mineral * Quark–gluon plasma, a state of matter in quantum chromodynamics Biology * Blood pla ...
; * Canada should collect enough blood and components to satisfy its own needs; * citizens should have free and universal access to
blood component Whole blood (WB) is human blood from a standard blood donation. It is used in the treatment of massive bleeding, in exchange transfusion, and when people donate blood to themselves. One unit of whole blood (~517 mls) brings up hemoglobin leve ...
s and products; and * safety of the blood supply is paramount. The new system, Canadian Blood Services, began operations in September 1998, replacing the
Canadian Blood Agency Canadians (french: Canadiens) are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of ...
(formerly the Canadian Blood Commission), which was disbanded as result of the inquiry. However, the
province of Quebec Quebec ( ; )According to the Canadian government, ''Québec'' (with the acute accent) is the official name in Canadian French and ''Quebec'' (without the accent) is the province's official name in Canadian English is one of the thirteen p ...
did not agree to be part of a national blood system. Instead, it set up its own parallel provincial service, Héma-Québec. Both agencies would operate at arm's length from the federal government. The Report also made recommendations regarding no-fault compensation for persons who had received contaminated blood. On 27 March 1998, Health Minister Allan Rock held a press conference to release details about the federal government’s compensation package, only offering compensation to victims who were infected between 1986 and 1990. The fallout from the scandal also led to the restructuring of the Bureau of Biologics, the division of
Health Canada Health Canada (HC; french: Santé Canada, SC)Health Canada is the applied title under the Federal Identity Program; the legal title is Department of Health (). is the Structure of the Canadian federal government#Departments, with subsidiary unit ...
that was responsible for monitoring blood safety. In April 2001, the
Supreme Court of Canada The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...
found the Canadian Red Cross guilty of
negligence Negligence (Lat. ''negligentia'') is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as ''negligence'' involves harm caused by failing to act as a ...
for failing to screen blood donors effectively for HIV infection. Less than a month after the Krever Report was released, the
RCMP The Royal Canadian Mounted Police (RCMP; french: Gendarmerie royale du Canada; french: GRC, label=none), commonly known in English as the Mounties (and colloquially in French as ) is the federal and national police service of Canada. As poli ...
launched a five-year investigation into the tainted blood disaster. In 2002, the RCMP laid 32 charges in total against two senior bureaucrats at
Health Canada Health Canada (HC; french: Santé Canada, SC)Health Canada is the applied title under the Federal Identity Program; the legal title is Department of Health (). is the Structure of the Canadian federal government#Departments, with subsidiary unit ...
, the head of the Red Cross' blood program, and a vice-president of Armour Pharmaceutical, a New Jersey company that manufactures Factor VIII concentrate for use by
hemophiliacs Haemophilia, or hemophilia (), is a mostly inherited genetic disorder that impairs the body's ability to make blood clots, a process needed to stop bleeding. This results in people bleeding for a longer time after an injury, easy bruising, ...
. The company itself was also charged, as was the
Canadian Red Cross Society The Canadian Red Cross Society () On 30 May 2005, the Red Cross pleaded guilty to violating the ''Food and Drug Regulation Act'' by distributing an adulterated or contaminated drug. It was fined $5,000, which was the maximum penalty for the offence under the Act. The criminal charges were dropped. On 25 July 2006, the Canadian government announced a $1-billion compensation package for 5,500 people—the "forgotten victims" who contacted hepatitis C before 1986 and 1990. The crisis and subsequent scandal has led to nearly $10 billion in legal claims.


See also

*
''Unspeakable'' — an 8-episode
CBC Television CBC Television (also known as CBC TV) is a Canadian English-language broadcast television network owned by the Canadian Broadcasting Corporation, the national public broadcaster. The network began operations on September 6, 1952. Its French-l ...
drama series on the tainted blood scandal. * Contaminated haemophilia blood products * Health Management Associates scandal * '' Factor 8: The Arkansas Prison Blood Scandal'' *
Contaminated blood scandal in the United Kingdom In the 1970s and 1980s, a large number of people – most of whom had haemophilia – were infected with hepatitis C and HIV, the virus that leads to acquired immune deficiency syndrome (AIDS), as a result of receiving contaminated clotting f ...


References


Further reading

* Parson, Vic. 1995. ''Bad Blood: The Tragedy of the Canadian Tainted Blood Scandal''. Lester Publishing. * —— 2019. ''Bad Blood: The Unspeakable Truth''. Optimum Publishing. ISBN 9780888902924. *


External links


Final report of the Commission

Canadian Blood Services FAQ

Thesis on Canada's blood system governance

CBC Digital Archives - Canada's Tainted Blood Disaster
{{HIV and AIDS Blood System in Canada Canadian administrative law Healthcare in Canada 1997 in Canada Contaminated haemophilia blood products Medical scandals Medical controversies in Canada HIV/AIDS in Canada