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

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

An Extinction Rebellion Vancouver Island (XRVI) climate change event in 2019 saw a large crowd occupy the Johnson Street bridge. Black Press File Photo
Extinction Rebellion activists march from Vancouver to Victoria this weekend

The four-day trek ends at the B.C. legislature Monday, protest province’s environmental policy

A rider crosses a “skinny” on the newly opened trail known as 90s Jank, built within the Hartland system by volunteers with the South Island Mountain Bike Society. (Youtube/MTB Matt)
Mountain bikers celebrate first new trail in years on Saanich’s Mount Work

90s Jank trail a product of licence agreement between CRD and mountain bike society

The hiring of out-of-province workers by the Canadian Red Cross to staff the vaccination centre in Langford has raised eyebrows. (Black Press Media file photo)
Red Cross hires out-of-province workers to staff Langford vaccination centre

Staffer worries local jobs weren’t offered to local people

A weekend of sunny skies may have Victoria breaking temperature records, according to an Environment Canada meteorologist. (Jane Skrypnek/News Staff)
Temperature records eyed for Victoria with sunny weekend forcast

Victoria hit the highest April 14 temperature since 1926 on Wednesday

Fire crews respond to the 3500-block of Blanshard Street in Saanich on April 16. (Devon Bidal/News Staff)
UPDATED: BC Hydro crews repairing failed electrical equipment in Saanich

Vernon Avenue reopen to traffic following closure

Rainbow trouts thrashing with life as they’re about to be transferred to the largest lake of their lives, even though it’s pretty small. These rainbows have a blue tinge because they matched the blue of their hatchery pen, but soon they’ll take on the green-browns of their new home at Lookout Lake. (Zoe Ducklow/News Staff)
VIDEO: Lookout Lake stocked with hatchery trout to delight of a seniors fishing club

The Cherish Trout Scouts made plans to come back fishing soon

For Leela Harrop, the recent death of her brother Raju Tiwari pushed her to sign up for the vaccine. Photo supplied
Island woman on fence about vaccine prompted by brother’s death

Leela Harrop of Comox says she did have issues with signing up online this past week

Royal Inland Hospital in Kamloops. (Dave Eagles/Kamloops This Week file photo)
RCMP intercept vehicle fleeing with infant taken from Kamloops hospital

The baby was at the hospital receiving life-saving care

Vancouver Police Const. Deepak Sood is under review by the Independent Investigations Office of B.C. after making comments to a harm reduction advocate Sunday, April 11. (Screen grab)
VIDEO: Vancouver officer convicted of uttering threats under watchdog review again

Const. Deepak Sood was recorded Sunday saying ‘I’ll smack you’ and ‘go back to selling drugs’ to a harm reduction advocate

Provincial health officer Dr. Bonnie Henry prepares a daily update on the coronavirus pandemic, April 21, 2020. (B.C. Government)
B.C.’s COVID-19 infection rate persists, 1,005 new cases Friday

Hospitalization up to 425, six more virus-related deaths

The Nautical Dog Cafe at Skaha marina is getting its patio ready in hopes Mother Nature will provide where provincial restrictions have taken away indoor dining. (Facebook)
‘A lot of instability’: B.C. restaurants in layoff limbo

As COVID-19 cases stay high, restaurants in British Columbia are closed to indoor dining

Prime Minister Justin Trudeau looks on as Deputy Prime Minister and Finance Minister Chrystia Freeland responds to a question during a news conference on Parliament Hill in Ottawa, Tuesday, Aug. 18, 2020. THE CANADIAN PRESS/Adrian Wyld
Expectations high as Trudeau Liberals get ready to unveil first pandemic budget

The Liberals will look to thread an economic needle with Monday’s budget

John Furlong, Own The Podium board chairman and former CEO of the Vancouver Olympics, addresses a Vancouver Board of Trade luncheon in Vancouver, B.C., on Wednesday November 25, 2015.THE CANADIAN PRESS/Darryl Dyck
John Furlong presents 2030 Winter Games vision to Vancouver Board of Trade

Vancouver and Whistler would remain among host sites because of 2010 sport venues still operational

Photo by Metro Creative Connection
New campgrounds coming to B.C. parks as part of $83M provincial boost

This season alone, 185 campsites are being added to provincial parks, says Minister of Environment and Climate Change

Most Read