Testing law long overdue

A police officer's lot is not an easy one. Nor is it particularly easy
being an emergency medical technician or firefighter these days.

In addition to the normal challenges of their jobs, there is the grim
matter of communicable diseases. This problem has always been with us,
but the emergence of AIDS and hepatitis C over the last two decades
has raised the thorny question of what to do when emergency workers
are exposed to bodily fluids from accident victims or criminals.

Consider the case of a female police officer bitten by a prostitute
during an arrest. Did the prostitute have AIDS? Was the officer infected?

There have also been cases in which police or firefighters have been
injured by needles wielded by drug addicts. Imagine the stress of an
individual raped by a criminal who might have AIDS.

In such cases, the stress endured by the emergency worker or the crime
victim is almost inconceivable. In the past, they have had to submit
to testing for a year or so -- and to worry, along with family and
friends.

In the best of all possible worlds, you'd think that an addict,
criminal or casualty would -- as a simple act of humanity --
voluntarily submit a blood sample. But some people are so addled, so
mentally ill or so hateful of authority figures that they refuse to
submit to even quick, painless tests.

Belatedly, the province has acted on this, this week introducing a
bill called The Mandatory Testing and Disclosure (Bodily Substances)
Act.

If passed, it would permit the issuance of a court order for testing a
person who has refused to give a sample voluntarily. The legislation
would cover not only police officers, firefighters and EMTs, but also
"good Samaritans" such as first aiders and, significantly, the victims
of crime. The results of tests would be confidential except for the
purposes outlined in the bill.

This legislation makes an admirable attempt to balance the legal right
to privacy of criminals and drug addicts versus the moral right of
emergency workers and crime victims to freedom from fear.

Though one wishes this bill was passed many years ago, it is
gratifying that it is now before MLAs. We hope it has a fast trip
through the Legislature.