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

Township of Langley crews were called to a structure fire in the 7200blk 208th St in Willoughby on Friday, Jan. 22, 2020 (Curtis Kreklau/South Fraser News Services)
VIDEO: Two-alarm blaze in Langley’s Willoughby neighbourhood

Crews respond to multiple reports of a structure fire in the 7200 block of 208th Street on Friday

Black Press Media Files
BC Teacher’s Federation asks for vaccine prioritization

‘Hopefully more vaccines are approved and the immunization strategy will be adjusted and accelerated’

Theatre in the Country presents Lady Windermere’s Fan by Oscar Wilde. (TIC/Special to the Aldergrove Star)
Oscar Wilde, Kauffman and Hart, and adult acting classes all happening at Langley theatre

Theatre in the Country continues to showcase Zoom performances while now offering scene studies

Curator Kobi Christian with an exhibit on historic clothing that was on display at the Langley Centennial Museum last February. (Langley Advance Times files)
Langley museum gets $75,000 grant

The funding is to go towards improving facilities

Tyler Tardi will serve as a fifth on Team Laycock at the 2021 Tim Hortons Brier. (Black Press Media file photo)
Tyler Tardi to serve as alternate for B.C. team at Brier

Langley/Cloverdale curler to serve as ‘fifth’ on Team Laycock at Calgary-hosted championships

Toronto Public Health nurse Lalaine Agarin sets up for mass vaccination clinic in Toronto, Jan. 17, 2021. B.C. is set to to begin its large-scale immunization program for the general public starting in April. THE CANADIAN PRESS/Frank Gunn
B.C.’s COVID-19 mass vaccinations expected to start in April

Clinics to immunize four million people by September

Chief Public Health Officer Theresa Tam speaks during a daily briefing in Ottawa. (THE CANADIAN PRESS/Adrian Wyld)
31 cases of COVID-19 variants detected in Canada: Health officials

Dr. Theresa Tam made announces 13 more variant COVID-19 cases in Canada

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

Daily COVID-19 cases reported to each B.C. health region, to Jan. 20, 2021. Island Health in blue, Northern Health green, Interior Health orange, Vancouver Coastal in red and Fraser Health in purple. (B.C. Centre for Disease Control)
B.C.’s COVID-19 infection rate stays stable with 508 cases Friday

Vaccine delivered to more than 110,000 high-risk people

The District of Saanich’s communications team decided to take part in a viral trend on Thursday and photoshopped U.S. Senator Bernie Sanders into a staff meeting photo. (District of Saanich/Twitter)
Bernie Sanders makes guest appearance municipal staff meeting in B.C.

Vancouver Island firefighters jump on viral trend of photoshopped U.S. senator

School District 57 headquarters in Prince George. (Mark Nielsen, Local Journalism Initiative Reporter)
Prince George school district settles with sexual abuse victim

Terms were part of an out-of-court settlement reached with Michael Bruneau, nearly four years after he filed a lawsuit

Surrey provincial court. (File photo: Tom Zytaruk)
New COVID-19 protocols set for provincial courthouses

The new rules were issued on Jan. 21, and took effect immediately

Police in Vancouver looking for male suspect who allegedly spat and attacked a store manager for not wearing a mask, at 7-Eleven near Alma Street and West 10th Avenue just before noon on Dec. 17, 2020. (Vancouver police handout)
VIDEO: Man spits on 7-Eleven manager over mask rule, sparking Vancouver police probe

‘Unfortunately, the store manager sustained a cut to his head during the assault’

The Vancouver-based SAR team successfully rescued two lost snowshoers off of the west side of Tim Jones Peak in the early morning of Monday, Jan. 19. (North Shore Rescue photo)
B.C.’s busiest SAR team raises alarm after 2021 begins with fatality, multiple rescues

‘People beyond ski resort areas of Seymour, Grouse, and Cypress go without cell reception,’ SAR warns

Most Read