For the time being the status quo prevails and uncertainty
remains, while we wait for the Supreme Court of Canada to decide
the issue.
The Quebec Court of Appeal handed down a unanimous judgment on the
validity of the Genetic Non-Discrimination Act, finding
that this federal Act encroaches upon the exclusive
constitutional jurisdiction of the provinces. For the time being,
however,
the status quo prevails and uncertainty remains, while we wait
for the Supreme Court of Canada to decide the issue.
The Court of Appeal's decision does not invalidate the
impugned provisions, but is rather a legal opinion on their
interpretation, and the basis for a potential challenge. The
disputed sections are still in force and remain applicable.
Individuals and entities therefore remain subject to the
Act and the sanctions set out therein.
