Is Genetic Discrimination Back on the Radar? A Commentary on the Recent Court of Appeal Reference Decision on the Genetic Non- Discrimination Act (GNDA)
In this commentary, we critically review the Quebec Court of Appeal’s reference decision to the effect that the Genetic Non-Discrimination Act (GNDA) is unconstitutional. In sum, the court held that the federal government exceeded its criminal law power through the GNDA, as the Act did not have a v...
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| Format: | Article |
| Language: | English |
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Programmes de bioéthique, École de santé publique de l'Université de Montréal
2019-09-01
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| Series: | Canadian Journal of Bioethics |
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| Online Access: | https://cjb-rcb.ca/index.php/cjb-rcb/article/view/192 |
| _version_ | 1797262208933036032 |
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| author | Yann Joly Gratien Dalpé Miriam Pinkesz |
| author_facet | Yann Joly Gratien Dalpé Miriam Pinkesz |
| author_sort | Yann Joly |
| collection | DOAJ |
| description |
In this commentary, we critically review the Quebec Court of Appeal’s reference decision to the effect that the Genetic Non-Discrimination Act (GNDA) is unconstitutional. In sum, the court held that the federal government exceeded its criminal law power through the GNDA, as the Act did not have a valid criminal law purpose. The decision was met with opposition, as advocacy groups for Canadians suffering from genetic diseases or genetic predispositions viewed the GNDA as a step in the right direction and were hopeful that it would offer protection from genetic discrimination. In closing, we argue that the consequences of the Court of Appeal’s opinion will be less dire than anticipated by some advocacy groups. In fact, we suggest that this decision brings about a unique opportunity for progress, where stakeholders can engage the public and policymakers in a forward- looking debate on the use of genetic information.
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| first_indexed | 2024-04-24T23:53:28Z |
| format | Article |
| id | doaj.art-deeead1139d74ac3b11cf37c478788f6 |
| institution | Directory Open Access Journal |
| issn | 2561-4665 |
| language | English |
| last_indexed | 2024-04-24T23:53:28Z |
| publishDate | 2019-09-01 |
| publisher | Programmes de bioéthique, École de santé publique de l'Université de Montréal |
| record_format | Article |
| series | Canadian Journal of Bioethics |
| spelling | doaj.art-deeead1139d74ac3b11cf37c478788f62024-03-14T17:25:05ZengProgrammes de bioéthique, École de santé publique de l'Université de MontréalCanadian Journal of Bioethics2561-46652019-09-012210.7202/1064941arIs Genetic Discrimination Back on the Radar? A Commentary on the Recent Court of Appeal Reference Decision on the Genetic Non- Discrimination Act (GNDA)Yann Joly0Gratien Dalpé1Miriam Pinkesz2Centre of Genomics and Policy, McGill University, Montreal, CanadaCentre of Genomics and Policy, McGill University, Montreal, CanadaCentre of Genomics and Policy, McGill University, Montreal, Canada In this commentary, we critically review the Quebec Court of Appeal’s reference decision to the effect that the Genetic Non-Discrimination Act (GNDA) is unconstitutional. In sum, the court held that the federal government exceeded its criminal law power through the GNDA, as the Act did not have a valid criminal law purpose. The decision was met with opposition, as advocacy groups for Canadians suffering from genetic diseases or genetic predispositions viewed the GNDA as a step in the right direction and were hopeful that it would offer protection from genetic discrimination. In closing, we argue that the consequences of the Court of Appeal’s opinion will be less dire than anticipated by some advocacy groups. In fact, we suggest that this decision brings about a unique opportunity for progress, where stakeholders can engage the public and policymakers in a forward- looking debate on the use of genetic information. https://cjb-rcb.ca/index.php/cjb-rcb/article/view/192genetic discriminationprivacyhealth carestakeholder engagementELSI |
| spellingShingle | Yann Joly Gratien Dalpé Miriam Pinkesz Is Genetic Discrimination Back on the Radar? A Commentary on the Recent Court of Appeal Reference Decision on the Genetic Non- Discrimination Act (GNDA) Canadian Journal of Bioethics genetic discrimination privacy health care stakeholder engagement ELSI |
| title | Is Genetic Discrimination Back on the Radar? A Commentary on the Recent Court of Appeal Reference Decision on the Genetic Non- Discrimination Act (GNDA) |
| title_full | Is Genetic Discrimination Back on the Radar? A Commentary on the Recent Court of Appeal Reference Decision on the Genetic Non- Discrimination Act (GNDA) |
| title_fullStr | Is Genetic Discrimination Back on the Radar? A Commentary on the Recent Court of Appeal Reference Decision on the Genetic Non- Discrimination Act (GNDA) |
| title_full_unstemmed | Is Genetic Discrimination Back on the Radar? A Commentary on the Recent Court of Appeal Reference Decision on the Genetic Non- Discrimination Act (GNDA) |
| title_short | Is Genetic Discrimination Back on the Radar? A Commentary on the Recent Court of Appeal Reference Decision on the Genetic Non- Discrimination Act (GNDA) |
| title_sort | is genetic discrimination back on the radar a commentary on the recent court of appeal reference decision on the genetic non discrimination act gnda |
| topic | genetic discrimination privacy health care stakeholder engagement ELSI |
| url | https://cjb-rcb.ca/index.php/cjb-rcb/article/view/192 |
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