Genetic non-discrimination law is constitutional, Supreme Court says

Genetic non-discrimination law is constitutional, Supreme Court says

The law is the result of a bill introduced in the Senate that garnered strong support from MPs

In a split decision, the Supreme Court of Canada has upheld a federal law that forbids companies from making people undergo genetic testing before buying insurance or other services.

The Genetic Non-Discrimination Act also outlaws the practice of requiring the disclosure of existing genetic test results as a condition for obtaining such services or entering into a contract.

The act is intended to ensure Canadians can take genetic tests to help identify health risks without fear the results will pose a disadvantage when seeking life or health insurance.

In a 5-4 decision, the Supreme Court said Friday the measures are a valid exercise of Parliament’s power over criminal law set out in the Constitution.

The law, passed three years ago, is the result of a bill introduced in the Senate that garnered strong support from MPs despite opposition from then-justice minister Jody Wilson-Raybould.

Penalties for violating the provisions include a fine of up to $1 million and five years in prison.

The Quebec government referred the law to the provincial Court of Appeal, which ruled in 2018 that it strayed beyond the federal government’s constitutional jurisdiction over criminal law.

The Canadian Coalition for Genetic Fairness then challenged the ruling in the Supreme Court, which heard the appeal last October.

Five of the nine high court judges allowed the appeal, though they offered two sets of reasons as to how the provisions in question fall within the federal constitutional domain.

Four dissenting judges said the appeal should be dismissed because the measures come under provincial jurisdiction over property and civil rights.

The coalition successfully argued during the proceedings that the legislation was a permissible exercise of federal criminal law power.

It noted in a submission that the Supreme Court had previously emphasized this power must be interpreted in a broad, flexible and dynamic manner to allow Parliament to respond to new threats to fundamental personal interests such as health and security.

The federal attorney general contended the law dealt with the regulation of contracts and the provision of goods and services with the aim of promoting health, relating “fundamentally to provincial jurisdiction over property and civil rights.”

Jim Bronskill, The Canadian Press

Like us on Facebook and follow us on Twitter.

Want to support local journalism? Make a donation here.

Supreme Court

Just Posted

Catch up on all Nelson’s local news with the Star’s daily newsletter.
Nelson Star launches newsletters, right to your inbox

Sign up today for Morning News Alert

dd
LETTER: RDCK online survey set up to fail

From reader Janice Van Caeseele

Daryl Jolly, his wife Kerry Pagdin, their sons Cole Jolly (left) and Graeme Jolly, and their dogs Gracie and Clover. Photo: Submitted
Selkirk College arts chair diagnosed with lung cancer, family launches fund drive

Daryl Jolly co-founded the college’s digital arts program

TELUS is proposing to construct a 5G tower at Pople Park. Photo: Sheri Regnier
First 5G tower in Trail proposed for placement in popular park

TELUS has a consultation process open until June 28

People watch a car burn during a riot following game 7 of the NHL Stanley Cup final in downtown Vancouver, B.C., in this June 15, 2011 photo. THE CANADIAN PRESS/Geoff Howe
10 years ago: Where were you during the 2011 Vancouver Stanley Cup Riots?

Smashed-in storefronts, looting, garbage can fires and overturned cars some of the damage remembered today

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

(Black Press Media file)
Dirty money: Canadian currency the most germ-filled in the world, survey suggests

Canadian plastic currency was found to contain 209 bacterial cultures

(pixabay file shot)
B.C. ombudsperson labels youth confinement in jail ‘unsafe,’ calls for changes

Review states a maximum of 22 hours for youth, aged 12 from to 17, to be placed in solitary

Grace (left), a caribou that was born in a maternal pen north of Revelstoke, is alive and well said the province. It appears she even has a calf. Maternity pens aim to increase caribou calf survival by protecting them from predation until they are older and less vulnerable. (Contributed)
For the first time in years, caribou numbers increasing near Revelstoke

North herd growing but south herd still concerning

Eleonore Alamillo-Laberge, 6, reads a book in Ottawa on Monday, June 12, 2017. THE CANADIAN PRESS/Sean Kilpatrick
Parents will need to fight ‘COVID learning slump’ over summer: B.C. literacy experts

Parents who play an active role in educating their children this summer can reverse the slump by nearly 80%, says Janet Mort

Kelowna General Hospital. (File photo)
COVID-19 outbreak at Kelowna General Hospital declared over

Three people tested positive for the virus — two patients and one staff — one of whom died

The border crossing on Highway 11 in Abbotsford heading south (file)
Western premiers call for clarity, timelines on international travel, reopening rules

Trudeau has called Thursday meeting, premiers say they expect to leave that meeting with a plan

Most Read