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.
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