Summary

Keywords

Constitutional law - Division of powers - Criminal law - Genetic discrimination -Whether the Genetic Non-Discrimination Act enacted by sections 1 to 7 of the Act to prohibit and prevent genetic discrimination, S.C. 2017, c. 3, is ultra vires the jurisdiction of the Parliament of Canada over criminal law under paragraph 91(27) of the Constitution Act, 1867.

Summary

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Under Order in Council No. 522-2017, the Government of Quebec referred the following question to the Quebec Court of Appeal:

Is the Genetic Non-Discrimination Act enacted by sections 1 to 7 of the Act to prohibit and prevent genetic discrimination (S.C. 2017, c. 3) ultra vires to thejurisdiction of the Parliament of Canada over criminal law under paragraph 91(27) of the Constitution Act, 1867?

The court unanimously answered “yes”, finding that the object of the legislation, fostering access to genetic testing for medical purposes by preventing the unauthorized use of the results by third parties, does not truly fit within the framework of criminal law.

Lower Court Rulings