Justices split but majority decision rejects Quebec's claim the law transgresses on provincial jurisdictions
Parliament has the authority to criminalize mandatory genetic testing and the forced disclosure of voluntary genetic test results, the Supreme Court of Canada has ruled.
Quebec argued that the real subject of the Genetic Non-Discrimination Act was the regulation of genetic information for insurers and employers. It had asked the Quebec Court of Appeal to give an advisory opinion on the law’s constitutionality, and in 2018 the appeal court decided by a 5-0 count that the law was not within federal authority.
“Parliament is entitled to use its criminal law power to respond to a reasoned apprehension of harm, including a threat to public health,” Justice Andromache Karakatsanis wrote for the larger group, which also included Justice Rosalie Abella and Justice Sheilah Martin. Also unusual, the attorney-general of Canada , opposed the law in the Quebec Court of Appeal, leaving a federal law without its foremost defender. The Quebec appeal court, and later the Supreme Court, appointed Montreal lawyer Douglas Mitchell as a friend of the court to argue in support of the law.
Mr. Oliphant said in an interview Friday that “so much pressure was put on me not to do this.” He declined to say from whom, other than “a variety of sources.” He praised Prime Minister Justin Trudeau for allowing Liberal MPs to vote their conscience on a private member’s bill.
Canada Latest News, Canada Headlines
Similar News:You can also read news stories similar to this one that we have collected from other news sources.
Trump can't deny prosecutors access to his financial records, U.S. Supreme Court rulesUnlike other recent presidents, Trump has refused to release his tax returns and other documents that could provide details on his wealth
Read more »
U.S. Supreme Court rules against Trump bid to conceal financial records from prosecutorTrump has refused to release his tax returns and other documents that could provide details on his wealth and the activities of Trump Organization
Read more »
Supreme Court to rule on constitutionality of genetic discrimination lawThe Supreme Court of Canada is slated to rule Friday morning on the constitutionality of a federal law that forbids companies from making people undergo genetic testing before buying insurance or other services.
Read more »
Supreme Court to rule on constitutionality of genetic discrimination lawThe Genetic Non-Discrimination Act outlaws the practice of requiring the disclosure of existing genetic test results as a condition for obtaining such services or entering into a contract
Read more »
Genetic non-discrimination law is constitutional, Supreme Court saysThe Supreme Court of Canada has affirmed the constitutionality of a federal law that forbids companies from making people undergo genetic testing before buying insurance or other services.
Read more »