Prohibiting genetic discrimination: a valid criminal law subject, according to the Supreme Court of Canada
In a contentious 5-4 split decision, with 3 justices providing the main reasons, 2 justices concurring and 4 judges dissenting, the Supreme Court of Canada has ruled that the Parliament of Canada has the power to prohibit genetic discrimination. Specifically, Justice Karakatsanis found that the purpose of the Genetic Non-Discrimination Act is to ensure that individuals’ genetic test results will not be used against them and to prevent any form of discrimination based on that information. This, according to the Court, falls squarely within Parliament’s criminal law powers under s. 91(27) of the Constitution Act of 1867 because it responds to a threat of harm to several overlapping public interests protected by the criminal law – autonomy, privacy, equality and public health.