Reference re Genetic Non-Discrimination Act, 2020 SCC 17: a look at IMK’s contribution.

On July 10, the Supreme Court of Canada released its decision in Reference re Genetic Non-Discrimination Act, 2020 SCC 17. The 5-4 majority held that ss. 1 to 7 of the Genetic Non-Discrimination Act, SC 2017, c. 3, enacted by Parliament in 2017, are a valid exercise of Parliament’s jurisdiction over criminal law under s. 91 (27) of the Constitution Act, 1867.

Doug Mitchell, assisted by Olga Redko, was appointed as amicus curiae both by the Supreme Court of Canada and the Quebec Court of Appeal to defend the constitutionality of the law. The IMK team successfully argued that the Act aims to further criminal law purposes and is within Parliament’s authority.