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Genetic Discrimination : Quebec puts in doubt the constitutionality of the decision of Ottawa


Hubert Roy

22 June 2017 13:30

Photo : Freepik

The government of Québec will ask for the opinion of the Court of appeal whether the decision of the federal government to enact Legislation to prohibit and prevent genetic discrimination violates the canadian constitution or not. Quebec wants to know if the federal government encroaches on provincial jurisdictions.

A notice was published to this effect yesterday in the Gazette officielle du Québec. The government indicates » that a reference to the Court of appeal would get the opinion of this court on the constitutionality of the law on the non-genetic discrimination «.

Some ministers in favour of this reference

Several departments of the government of Quebec put their weight into the balance. It is stated in the official Gazette that the ministers of Justice, Access to information and the Reform of democratic institutions, of Finance, as well as the Relations of canada and the canadian Francophonie recommend this reference.

The attorney general of Québec will therefore have the mandate to validate whether articles 1 to 7 of the Act intended to prohibit and prevent genetic discrimination is ultra vires (beyond the powers) of the jurisdiction of the parliament of Canada in matters of criminal law, according to the constitution act, 1867 in the matter.

CLHIA-Québec supports the approach

On the side of the CLHIA Quebec, we are pleased to collaborate at the inter-ministerial working group set up by the government. «We maintain always that the use of genetic testing in the insurance sector is under provincial jurisdiction. In regard to the decree published in the official Gazette last Wednesday, we will follow with interest the evolution of this issue, » said its president, Lyne Duhaime.

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