Genetic discrimination is being addressed in Canadian Law.

• Author: Mckay-Panos, Linda

With many recent advances in technology, testing can disclose information about people's health that was not available even a few years ago. For example, genetic testing can reveal that a person has a gene mutation that causes or increases the risk of an inherited disorder. This information may be very important to the individual, but may also cause concern if employers or insurance companies obtain that information and make decisions about hiring or coverage based on genetic information.

Genetic testing involves the analysis of person's chromosomes, genes or gene products (i.e., proteins) to identify traits, such as parentage, ancestral origins, genetic conditions or predisposition to genetic diseases (Julian Walker Genetic Discrimination and Canadian Law Library of Parliament September 16, 2014 online: http://www.lop.parl.gc.ca/content/lop/ResearchPublications/2014-90-e.html ("Walker"). The information obtained can help people and their caregivers start appropriate treatment or adopt lifestyle changes to minimize the harm of the genetic condition. It may also help to select patients who can undergo gene therapy (Walker).

On the other hand, genetic information may be used to discriminate against someone, especially in the provision of services like insurance and/or in employment. There have been reported incidents of Canadians being discriminated against by insurance companies on the basis that they have the potential to be affected by an inherited genetic condition (Joseph Hall, Study finds genetic discrimination by insurance firms, The Toronto Star, 9 June 2009; and CBC, "Genetic Discrimination," The National, 12 February 2012 cited in Walker at note 7). The Senate Standing Committee on Human Rights held hearings and released a report in October 2014 and witnesses testified that some medical patients are declining genetic testing because they fear being discriminated against by insurance companies (Walker).

Governments in other countries, such as the United States, Australia, France and the United Kingdom, have passed legislation to specifically address genetic discrimination. Canadian law does have insurance and privacy legislation that seeks to limit improper access to or use of personal information, but Canada has no specific laws to protect against genetic discrimination.

Existing provincial and federal human rights legislation often protects against discrimination based on disability. It is possible to interpret "disability" to...