A ruling is on the way concerning a federal law that forbids companies from making people undergo genetic testing before buying insurance or other services, in a July 10, 2020 story. (Photo by THE CANADIAN PRESS)

Supreme Court to rule on constitutionality of genetic discrimination law

OTTAWA — The Supreme Court of Canada is slated to rule this morning on 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 private member’s bill that was introduced in the Senate and 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.

This report by The Canadian Press was first published July 10, 2020.

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