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Genetic non-discrimination law is constitutional: Supreme Court of Canada

BY The Canadian Press, Jul 10, 2020 9:27 AM - REPORT AN ERROR

A file image of the Supreme Court of Canada/ The Canadian Press

The 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.

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 they will be penalized when seeking life or health insurance.

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.

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

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

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