Regulating the Use of Genetic Testing by Insurers and Employers in the Province of Quebec: Is the Genetic Non-Discrimination Act Really Necessary?

Abstract

Insurers and employers have become increasingly interested in the capacity of genetic information to predict future health outcomes. This trend has sparked fears that they may use this information to discriminate between individuals based on their genetic characteristics. Despite limited empirical evidence, concerns among some interest groups have prompted many G8 countries to adopt legislation to protect against genetic discrimination (GD), including Canada in 2017. Quebec was quick to challenge the constitutionality of the Genetic Non-Discrimination Act (GNDA) on the basis that the Canadian government exceeded its legislative power over criminal law, impinging on the provinces’ jurisdiction over local matters and property and civil rights. It argued that the provinces and territories are the competent legislators to enact such regulation, and that existing laws in Quebec make specific legislative action unnecessary. This chapter explores Quebec law pertaining to privacy, insurance, employment, and human rights and critically evaluates Quebecers’ current protections against GD, including that afforded by the GNDA. It also reviews Quebec’s constitutional challenge to this new Canadian legislation.