Friends Who Argue

Insight on the Reference re: the Genetic Non-Discrimination Act, 2020 SCC 17

January 27, 2021 Michael Bookman & Kate Robertson Season 1 Episode 2
Friends Who Argue
Insight on the Reference re: the Genetic Non-Discrimination Act, 2020 SCC 17
Show Notes

Join Cynthia Spry of Babin Bessner Spry LLP, as she interviews Kate Robertson of Markson Law, and Michael Bookman, also of Babin Bessner Spry LLP, regarding the recent decision by the Supreme Court of Canada in the Reference re: the Genetic Non-Discrimination Act, 2020 SCC 17.

In the Reference, the Court split two ways in three sets of reasons on the question of whether Parliament had validly exercised its criminal law power in enacting prohibitions on the taking and disclosure of genetic tests as a condition of obtaining access to goods, services and contracts.

Mr. Bookman and Ms. Robertson offer their insight into the decision - Mr. Bookman who acted as counsel to an intervenor in the Reference at the Supreme Court of Canada, and Ms. Robertson who consults on constitutional law matters relating to human rights and technology as a Fellow at The Citizen Lab at the University of Toronto.