Thursday, March 28, 2024
ADVT 
National

Genetic non-discrimination law constitutional

Darpan News Desk The Canadian Press, 10 Jul, 2020 04:58 PM
  • Genetic non-discrimination law constitutional

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."

MORE National ARTICLES

City of Vancouver approves programs to promote safety and mobility on local streets

City of Vancouver approves programs to promote safety and mobility on local streets
To improve safety on local streets and provide more transportation options for people in Vancouver, Council has approved several programs, including: A change to school and playground zones to make them 30 km/h around the clock Development of a Neighbourhood Traffic Management program to help address traffic issues on local streets.

City of Vancouver approves programs to promote safety and mobility on local streets

Aritzia reports Q1 loss amid COVID-19

Aritzia reports Q1 loss amid COVID-19
Aritzia Inc. reported a first-quarter loss and revenue drop after temporarily closing all its stores due to COVID-19 health precautions, but the clothing retailer sees an opportunity to expand its business amid the global pandemic.

Aritzia reports Q1 loss amid COVID-19

Doctors urged to provide info on alleged racism

Doctors urged to provide info on alleged racism
A former judge investigating allegations of racism towards Indigenous people in British Columbia's health-care system is calling on patients, families, doctors and nurses to come forward with their stories.

Doctors urged to provide info on alleged racism

U.S. policy triggers Harvard lawsuit, could expel thousands of Canadian students

U.S. policy triggers Harvard lawsuit, could expel thousands of Canadian students
Questions over whether thousands of international students could be deported from the U.S. under a new Trump administration policy are causing consternation among school officials and anxiety among Canadians studying south of the border.

U.S. policy triggers Harvard lawsuit, could expel thousands of Canadian students

Racist slurs mar Conservative debate

Racist slurs mar Conservative debate
The litany of racial slurs inserted into the comments section of an online Conservative leadership debate Wednesday was not surprising, candidate Leslyn Lewis said the next day.

Racist slurs mar Conservative debate

How parents can pass on citizenship changing

How parents can pass on citizenship changing
The Liberal government is updating a legal definition of "parent" to make it easier for some parents to pass their Canadian citizenship onto their children.

How parents can pass on citizenship changing

PrevNext