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38478

Canadian Coalition for Genetic Fairness v. Attorney General of Quebec, et al.

(Quebec) (Civil) (As of Right)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2021-03-05 Appeal closed
2020-07-13 Formal judgment sent to the registrar of the court of appeal and all parties
2020-07-13 Judgment on appeal and notice of deposit of judgment sent to all parties
2020-07-10 Judgment on the appeal rendered, CJ Abe Mo Ka Côt Br Row Mar Kas,
The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-026870-170, 2018 QCCA 2193, dated December 21, 2018, heard on October 10, 2019, is allowed with costs on a party-and-party basis and the reference question is answered in the negative. Wagner C.J. and Brown, Rowe and Kasirer JJ. dissent.
Allowed, with costs
2020-07-06 Correspondence (sent by the Court) to, the parties.
In light of current pandemic control measures, the Court has decided to hold neither a media nor a counsel lock-up
2020-05-19 General proceeding, (Letter Form),
Lock-up form and undertaking by: Bruce B. Ryder
Canadian Coalition for Genetic Fairness
2020-02-25 General proceeding, (Letter Form),
Lock-up form and undertaking by: Andréane Joanette-Laflamme
Attorney General of Canada
2020-02-25 General proceeding, (Letter Form),
Undertaking by: William Colish
Canadian Coalition for Genetic Fairness
2020-02-25 General proceeding, (Letter Form),
Lock-up form by: Gareth Morley
Attorney General of British Columbia
2020-02-24 General proceeding, (Letter Form),
Undertaking by: Alexander Pless
Attorney General of Canada
2020-02-21 General proceeding, (Letter Form),
Lock-up forms and undertakings by:
- Frank Addario
- Samara Secter
- Regan Morris
- Jonathan Bujeau
Privacy Commissioner of Canada
2020-02-20 General proceeding, (Letter Form),
Lock-up forms and undertakings by:
- Douglas Mitchell
- Léa Charbonneau
Douglas Mitchell
2020-02-19 General proceeding, (Letter Form),
Lock-up form and undertaking by: Dana J. Brûlé
Attorney General for Saskatchewan
2020-02-19 General proceeding, (Letter Form),
Lock-up form by: William Colish
MISSING: Undertaking form (received 2020-02-25)
Canadian Coalition for Genetic Fairness
2020-02-18 General proceeding, (Letter Form),
Lock-up form and undertaking by: Joseph J. Arvay, O.C., Q.C.
Canadian Coalition for Genetic Fairness
2020-02-18 General proceeding, (Letter Form),
Lock-up forms and undertakings by:
- Francis Demers
- Samuel Chayer
Attorney General of Quebec
2020-02-18 General proceeding, (Letter Form),
Lock-up form and undertaking by: Christopher Richter
Canadian Life and Health Insurance Association
2020-02-18 General proceeding, (Letter Form),
Lock-up form and undertaking by: Liliane Bantouvrakis
Attorney General of Canada
2020-02-17 General proceeding, (Letter Form),
Lock-up form by: Alexander Pless
MISSING: Undertaking form (received 2020-02-24)
Attorney General of Canada
2020-02-17 Correspondence (sent by the Court) to, the parties. The Court will hold a lock-up in this file.
2019-12-23 Correspondence received from, (Letter Form), Doug Mitchell
Comments on possible lock-up.
Douglas Mitchell
2019-12-23 Correspondence received from, (Letter Form), Michael Sobkin
Comments on possible lock-up.
Canadian Coalition for Genetic Fairness
2019-12-23 Correspondence received from, (Letter Form), Christopher Rupar
Comments on possible lock-up.
Attorney General of Canada
2019-12-17 Correspondence received from, (Letter Form), Michael Bookman
Comments on possible lock-up.
Canadian College of Medical Geneticists
2019-12-17 Correspondence received from, (Letter Form), Fiona Keith
Comments on possible lock-up.
Canadian Human Rights Commission
2019-12-17 Correspondence received from, (Letter Form), Jasmine Leindecker
Comments on possible lock-up.
Attorney General of British Columbia
2019-12-16 Correspondence received from, (Letter Form), Samuel Chayer
Comments on possible lock-up.
Attorney General of Quebec
2019-12-13 Correspondence received from, (Letter Form), Regan Morris
Comments on possible lock-up.
Privacy Commissioner of Canada
2019-12-12 Correspondence received from, (Letter Form), Christopher Richter
Comments on possible lock-up.
Canadian Life and Health Insurance Association
2019-12-12 Correspondence (sent by the Court) to, the parties seeking their comments on a possible lock-up.
2019-11-08 Media lock-up requested or proposed
2019-10-22 Transcript received, 138 pages
2019-10-10 Judgment reserved OR rendered with reasons to follow
2019-10-10 Hearing of the appeal, 2019-10-10, CJ Abe Mo Ka Côt Br Row Mar Kas
Judgment reserved
2019-10-10 Intervener's condensed book, (Book Form), Submitted in Court (14 copies) Canadian Life and Health Insurance Association
2019-10-10 Intervener's condensed book, (Book Form), Submitted in Court (14 copies) Attorney General of British Columbia
2019-10-10 Intervener's condensed book, (Book Form), Submitted in Court (14 copies) Canadian College of Medical Geneticists
2019-10-10 Intervener's condensed book, (Book Form), Submitted in Court (14 copies) Canadian Human Rights Commission
2019-10-10 Amicus curiae's condensed book, (Book Form), Submitted in Court (14 copies) Douglas Mitchell
2019-10-10 Respondent's condensed book, (Book Form), Submitted in Court (14 copies) Attorney General of Canada
2019-10-10 Respondent's condensed book, (Book Form), Submitted in Court (14 copies) Attorney General of Quebec
2019-10-10 Appellant's condensed book, (Book Form), Submitted in Court (14 copies) Canadian Coalition for Genetic Fairness
2019-10-02 Correspondence received from, (Letter Form), 3 reserved seats requested. Canadian College of Medical Geneticists
2019-10-01 Correspondence received from, (Letter Form), 1 reserved seat requested. Douglas Mitchell
2019-09-26 Notice of appearance, (Letter Form), Alexander Pless and Liliane Bantourakis will appear before the court. Mr. Pless will present oral arguments. Attorney General of Canada
2019-09-26 Notice of appearance, (Letter Form), Frank Addario and Samara Secter will appear before the court. Mr. Addario will present oral arguments. Privacy Commissioner of Canada
2019-09-25 Correspondence received from, (Letter Form), 7 reserved seats requested. Canadian Coalition for Genetic Fairness
2019-09-25 Notice of appearance, (Letter Form), Joseph J. Arvay, Q.C., Bruce B. Ryder, Michael Sobkin and William Colish will appear before the court. Mr. Arvay will present oral arguments. Canadian Coalition for Genetic Fairness
2019-09-24 Correspondence received from, (Letter Form), 2 reserved seats requested. Canadian Life and Health Insurance Association
2019-09-24 Notice of appearance, (Letter Form), Christopher Richter and Nick Kennedy will appear before the court. Mr. Richter will present oral arguments. Canadian Life and Health Insurance Association
2019-09-23 Notice of appearance, (Letter Form), Dana J. Brûlé will appear before the court, and will present oral arguments. Attorney General for Saskatchewan
2019-09-20 Correspondence received from, (Letter Form), Time and order for arguments. Attorney General of Quebec
2019-09-20 Notice of appearance, (Letter Form), Michael Bookman will appear before the court, and will present oral arguments. Canadian College of Medical Geneticists
2019-09-19 Correspondence received from, (Letter Form), Time and order for arguments.
Douglas Mitchell
2019-09-18 Correspondence received from, (Letter Form), Time and order for arguments. Attorney General of Canada
2019-09-18 Notice of appearance, (Letter Form), Fiona Keith and Daniel Poulin will appear before the court. Fiona Keith will present oral arguments.
Canadian Human Rights Commission
2019-09-17 Notice of appearance, (Letter Form), J. Gareth Morley and Zachary Froese will appear before the court. Mr. Morley will present oral arguments.
Attorney General of British Columbia
2019-09-09 Notice of appearance, (Letter Form), Francis Demers and Samuel Chayer will appear before the court. Mr. Demers will present oral arguments. Attorney General of Quebec
2019-09-09 Notice of appearance, (Letter Form), Douglas Mitchell, Olga Redko and Léa Charbonneau will appear before the court. Mr. Douglas will present oral arguments. Douglas Mitchell
2019-08-28 Amicus curiae's book of authorities, (Book Form), Completed on: 2019-08-28 Douglas Mitchell
2019-08-28 Amicus curiae's factum, (Book Form), Completed on: 2019-08-28 Douglas Mitchell
2019-08-07 Notice of hearing sent to parties
2019-07-31 Appeal hearing scheduled, 2019-10-10
Judgment reserved
2019-07-18 Reply factum on appeal, (Book Form), Filed in English and French. 18 copies missing-rec'd 2019/07/23, Completed on: 2019-07-23 Attorney General of Canada
2019-07-18 Reply factum on appeal, (Book Form), Completed on: 2019-07-18 Canadian Coalition for Genetic Fairness
2019-07-05 Correspondence (sent by the Court) to, the amicus curiae.
2019-07-04 Intervener's factum, (Book Form), Completed on: 2019-07-04 Privacy Commissioner of Canada
2019-07-04 Intervener's factum, (Book Form), Completed on: 2019-07-04 Canadian College of Medical Geneticists
2019-07-03 Intervener's book of authorities, (Book Form), Missing: Proof of Service (rec' 07/04/19), Completed on: 2019-07-04 Canadian Life and Health Insurance Association
2019-07-03 Intervener's factum, (Book Form), Missing: Proof of Service (rec' 07/04/19), Completed on: 2019-07-09 Canadian Life and Health Insurance Association
2019-07-03 Intervener's factum, (Book Form), Completed on: 2019-07-03 Canadian Human Rights Commission
2019-07-03 Order by, CJ,
IT IS HEREBY ORDERED THAT:
Mr. Douglas Mitchell is appointed as amicus curiae to assist the Court by serving and filing a factum not exceeding forty (40) pages and a book of authorities, if any, on or before August 28, 2019, and by making oral submissions at the hearing of the appeal.
The reasonable fees and disbursements of Mr. Douglas Mitchell shall be paid, on consent, by the Attorney General of Canada.
Granted
2019-06-27 Order on motion for leave to intervene, by WAGNER CJ.
*REVISED*

UPON APPLICATION by the Privacy Commissioner of Canada, the Canadian Human Rights Commission, the Canadian College of Medical Geneticists and the Canadian Life and Health Insurance Association for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions for leave to intervene are granted and the said four (4) interveners shall be entitled to each serve and file a factum not to exceed ten (10) pages in length on or before July 4, 2019.
The said four (4) interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.
The appellant and the respondent, Attorney General of Canada, are each permitted to serve and file a single factum not exceeding five (5) pages in reply to the interventions on or before July 18, 2019.
The interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.
Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellant and the respondents any additional disbursements resulting from their interventions.
IT IS HEREBY FURTHER ORDERED THAT:
The Attorney General of British Columbia and the Attorney General for Saskatchewan are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.
2019-06-04 Intervener's book of authorities, (Book Form), Completed on: 2019-06-04 Attorney General of British Columbia
2019-06-04 Intervener's factum, (Book Form), Completed on: 2019-06-04 Attorney General of British Columbia
2019-06-04 Intervener's factum, (Book Form), Completed on: 2019-06-04 Attorney General for Saskatchewan
2019-05-23 Order on motion for leave to intervene, by WAGNER C.J.
2019-05-23 Decision on the motion for leave to intervene, CJ,
UPON APPLICATION by the Privacy Commissioner of Canada, the Canadian Human Rights Commission, the Canadian College of Medical Geneticists and the Canadian Life and Health Insurance Association for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions for leave to intervene are granted and the said four (4) interveners shall be entitled to each serve and file a factum not to exceed ten (10) pages in length on or before July 4, 2019.
The said four (4) interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.
The appellant and the respondent, Attorney General of Canada, are each permitted to serve and file a single factum not exceeding five (5) pages in reply to the interventions on or before July 8, 2019.
The interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.
Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellant and the respondents any additional disbursements resulting from their interventions.
IT IS HEREBY FURTHER ORDERED THAT:
The Attorney General of British Columbia and the Attorney General for Saskatchewan are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.
Granted
2019-05-23 Submission of motion for leave to intervene, CJ
2019-05-10 Appeal perfected for hearing
2019-05-09 Correspondence received from, (Letter Form), Detailed table of contents (already in record) Attorney General of Canada
2019-05-08 Certificate of counsel (attesting to record), (Letter Form) Attorney General of Canada
2019-05-08 Respondent's book of authorities, (Book Form), Completed on: 2019-05-08 Attorney General of Canada
2019-05-08 Respondent's record, (Book Form), (16 volumes), Completed on: 2019-05-08 Attorney General of Canada
2019-05-08 Respondent's factum, (Book Form), French and English versions filed., Completed on: 2019-05-08 Attorney General of Canada
2019-05-08 Respondent's factum, (Book Form), Completed on: 2019-05-08 Attorney General of Quebec
2019-05-01 Correspondence (sent by the Court) to, the parties.
Letter from the Registrar informing Attorney General of British Columbia that its responses to the motions for leave to intervene cannot be accepted for filing.
2019-04-29 Correspondence received from, (Letter Form), Samuel Chayer. RE: Role of Mr. Mitchell. Attorney General of Quebec
2019-04-26 Correspondence received from, (Letter Form), Joseph J. Arvay, O.C., Q.C. RE: Role of Mr. Mitchell. Canadian Coalition for Genetic Fairness
2019-04-23 Response to the motion for leave to intervene, (Letter Form), MISSING: proof of service (received 2019-04-24), Completed on: 2019-04-24 Canadian Coalition for Genetic Fairness
2019-04-23 Correspondence received from, (Letter Form), Alexander Pless. Submissions on the Role of Mr. Douglas Mitchell. Attorney General of Canada
2019-04-17 Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-04-17 Attorney General of Canada
2019-04-10 Response to the motion for leave to intervene, (Letter Form),
*Not accepted for filing*, Completed on: 2019-04-10
Attorney General of British Columbia
2019-04-10 Notice of name, (Letter Form) Canadian College of Medical Geneticists
2019-04-10 Motion for leave to intervene, (Book Form), Completed on: 2019-04-10 Canadian College of Medical Geneticists
2019-04-10 Notice of name, (Letter Form) Privacy Commissioner of Canada
2019-04-10 Motion for leave to intervene, (Book Form), MISSING: filing fee (received 2019-04-11), Completed on: 2019-04-12 Privacy Commissioner of Canada
2019-04-10 Response to the motion for leave to intervene, (Letter Form),
*Not accepted for filing*, Completed on: 2019-04-10
Attorney General of British Columbia
2019-04-10 Notice of name, (Letter Form) Canadian Human Rights Commission
2019-04-10 Motion for leave to intervene, (Book Form), Completed on: 2019-04-10 Canadian Human Rights Commission
2019-04-10 Response to the motion for leave to intervene, (Letter Form),
*Not accepted for filing*, Completed on: 2019-04-10
Attorney General of British Columbia
2019-04-10 Notice of name, (Letter Form) Canadian Life and Health Insurance Association
2019-04-10 Motion for leave to intervene, (Book Form), Completed on: 2019-04-10 Canadian Life and Health Insurance Association
2019-04-09 Response to the motion for leave to intervene, (Letter Form),
*Not accepted for filing*, Completed on: 2019-04-09
Attorney General of British Columbia
2019-03-13 Notice of change of counsel, (Letter Form), Michael Sobkin is now agent for the Appellant. Canadian Coalition for Genetic Fairness
2019-03-13 Certificate of counsel (attesting to record), (Letter Form) Canadian Coalition for Genetic Fairness
2019-03-13 Appellant's record, (Book Form), Completed on: 2019-03-14 Canadian Coalition for Genetic Fairness
2019-03-13 Appellant's factum, (Book Form), service missing-rec'd 2019/03/14, Completed on: 2019-03-14 Canadian Coalition for Genetic Fairness
2019-03-11 Notice of change of counsel, (Letter Form), Dana J. Brûlé is now counsel for the Intervener. Attorney General for Saskatchewan
2019-02-28 Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right)
2019-02-12 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2019-02-12 Attorney General for Saskatchewan
2019-02-12 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2019-02-12 Attorney General of British Columbia
2019-01-25 Correspondence received from, (Letter Form), Pierre Landry. Request to schedule in fall 2019 session. Attorney General of Quebec
2019-01-23 Letter acknowledging receipt of a notice of appeal
2019-01-21 Correspondence received from, (Letter Form), Amicus Douglas Mitchell
2019-01-16 Certificate (on limitations to public access), (Letter Form) Canadian Coalition for Genetic Fairness
2019-01-16 Notice of name, (Letter Form) Canadian Coalition for Genetic Fairness
2019-01-16 Notice of constitutional question(s), (Letter Form), Completed on: 2019-01-16 Canadian Coalition for Genetic Fairness
2019-01-16 Notice of appeal, (Letter Form), Completed on: 2019-01-16 Canadian Coalition for Genetic Fairness

Parties

Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.

Main parties

Main parties - Appellants
Name Role Status
Canadian Coalition for Genetic Fairness Appellant Active

v.

Main parties - Respondents
Name Role Status
Attorney General of Quebec Respondent Active
Attorney General of Canada Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of British Columbia Intervener Active
Attorney General for Saskatchewan Intervener Active
Canadian Life and Health Insurance Association Intervener Active
Canadian Human Rights Commission Intervener Active
Privacy Commissioner of Canada Intervener Active
Canadian College of Medical Geneticists Intervener Active
Mitchell, Douglas Amicus curiae Active

Counsel

Party: Canadian Coalition for Genetic Fairness

Counsel
Joseph J. Arvay Q.C.
Arvay Finlay LLP
1512-808 Nelson Street
Vancouver, British Columbia
V6Z 2H2
Telephone: (604) 283-9018
FAX: (888) 575-3281
Email: jarvay@arvayfinlay.ca
Agent
Michael J. Sobkin
331 Somerset Street West
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca

Party: Attorney General of Quebec

Counsel
Francis Demers
Samuel Chayer
Bernard, Roy & Associés
Palais de Justice, Bureau 8.00
1, rue Notre-Dame Est
Montréal, Quebec
H2Y 1B6
Telephone: (514) 393-2336 Ext: 51456
FAX: (514) 873-7074
Email: francis.demers@justice.gouv.qc.ca
Agent
Pierre Landry
Noël et Associés, s.e.n.c.r.l.
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com

Party: Attorney General of Canada

Counsel
Alexander Pless
Liliane Bantourakis
Andréane J.-Laflamme
Attorney General of Canada
200, boulevard René-Lévesque Ouest
Complexe Guy Favreau, Tour Est, 9e étage
Montréal, Quebec
H2Z 1X4
Telephone: (514) 283-8767
FAX: (514) 283-3856
Email: apless@justice.gc.ca
Agent
Christopher Rupar
Department of Justice
50 O'Connor Street
Suite 500
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca

Party: Attorney General of British Columbia

Counsel
J. Gareth Morley
Zachary Froese
Attorney General of British Columbia
1001 Douglas Street, 6th Floor
PO Box 9280 Stn Prov Govt
Victoria, British Columbia
V8W 9J7
Telephone: (250) 952-7644
FAX: (250) 356-9154
Email: gareth.morley@gov.bc.ca
Agent
Nadia Effendi
Borden Ladner Gervais LLP
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com

Party: Canadian Life and Health Insurance Association

Counsel
Christopher Richter
Torys LLP
1 Place Ville Marie
Suite 2880
Montreal, Quebec
H3B 4R4
Telephone: (514) 868-5600
FAX: (514) 868-5700
Email: crichter@torys.com
Agent
Jeffrey W. Beedell
Gowling WLG (Canada) LLP
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com

Party: Canadian Human Rights Commission

Counsel
Fiona Keith
Daniel Poulin
Canadian Human Rights Commission
344 Slater Street
8th Floor
Ottawa, Ontario
K1A 1E1
Telephone: (613) 943-9520
FAX: (613) 993-3089
Email: fiona.keith@chrc-ccdp.gc.ca
Agent
Valerie Phillips
Canadian Human Rights Commission
344 Slater Street
8th Floor
Ottawa, Ontario
K1A 1E1
Telephone: (613) 943-9357
FAX: (613) 993-3089
Email: valerie.phillips@chrc-ccdp.gc.ca

Party: Mitchell, Douglas

Counsel
Douglas Mitchell
IMK s.e.n.c.r.l.
Place Alexis Nihon - Tower 2
3500 De Maisonneuve Blvd West suite 1400
Montréal, Quebec
H3Z 3C1
Telephone: (514) 935-2725
FAX: (514) 935-2999
Email: dmitchell@imk.ca

Party: Attorney General for Saskatchewan

Counsel
Dana J. Brûlé
Attorney General for Saskatchewan
820-1874 Scarth Street
Constitutional Law Branch
Regina, Saskatchewan
S3P 3B3
Telephone: (306) 787-8385
FAX: (306) 787-9111
Email: dana.brule@gov.sk.ca
Agent
D.Lynne Watt
Gowling WLG (Canada) LLP
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com

Party: Privacy Commissioner of Canada

Counsel
Frank Addario
Samara Secter
Addario Law Group LLP
171 John Street
Suite 101
Toronto, Ontario
M5T 1X3
Telephone: (416) 649-5063
FAX: (866) 714-1196
Email: faddario@addario.ca
Agent
Regan Morris
Office of the Privacy Commissioner of Canada
30 Victoria Street
Gatineau, Quebec
K1A 1H3
Telephone: (819) 994-5905
FAX: (819) 994-5424
Email: regan.morris@priv.gc.ca

Party: Canadian College of Medical Geneticists

Counsel
Michael Bookman
Babin Bessner Spry LLP
65 Front Street East
Suite 101
Toronto, Ontario
M5E 1B5
Telephone: (647) 725-2604
FAX: (416) 637-3243
Email: mbookman@babinbessnerspry.com
Agent
Marie-France Major
Supreme Advocacy LLP
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca

Summary

Keywords

Constitutional law - Division of powers - Criminal law - Genetic discrimination -Whether the Genetic Non-Discrimination Act enacted by sections 1 to 7 of the Act to prohibit and prevent genetic discrimination, S.C. 2017, c. 3, is ultra vires the jurisdiction of the Parliament of Canada over criminal law under paragraph 91(27) of the Constitution Act, 1867.<br><br>

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Under Order in Council No. 522-2017, the Government of Quebec referred the following question to the Quebec Court of Appeal:

Is the Genetic Non-Discrimination Act enacted by sections 1 to 7 of the Act to prohibit and prevent genetic discrimination (S.C. 2017, c. 3) ultra vires to thejurisdiction of the Parliament of Canada over criminal law under paragraph 91(27) of the Constitution Act, 1867?

The court unanimously answered “yes”, finding that the object of the legislation, fostering access to genetic testing for medical purposes by preventing the unauthorized use of the results by third parties, does not truly fit within the framework of criminal law.

Lower court rulings

December 21, 2018
Court of Appeal of Quebec (Montréal)

2018 QCCA 2193, 500-09-026870-170

Question submitted by the Government of Quebec by reference pursuant to Order in Council No. 522-2017 answered

Memorandums of argument on application for leave to appeal

The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.

Downloadable PDFs

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Factums on appeal

The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.

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Date modified: 2025-02-27