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ARTICLE · 28 DECEMBER 2018

The Genetic Non-Discrimination Act: One Year Later, Uncertainty Prevails

Will the prohibition against consulting genetic tests prove to be a parenthesis in Canadian legislative history, or grounds for establishing similar provincial regimes?

CanadaInsurance

Will the prohibition against consulting genetic tests prove to be a parenthesis in Canadian legislative history, or grounds for establishing similar provincial regimes?

The Genetic Non-Discrimination Act has never received universal support in Canada. It owes its existence to certain members of the governing party and all members of the opposition in Ottawa, who were able to get it passed last year. Another complication lies in the fact that certain Canadian provinces, including Quebec and Alberta, fought against its adoption, seeing it as an encroachment by the federal Parliament into the jurisdiction of the provincial legislatures over matters of private law.

Disagreement between the provincial and federal governments

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