Liberal backbenchers defy Trudeau, back ban on genetic-testing disclosure

OTTAWA — Liberal backbenchers have defied Prime Minister Justin Trudeau, voting in favour of a bill that would bar health- and lifeinsurance companies from forcing clients to disclose the results of genetic testing.

Just hours before the third and final reading late Wednesday in the House of Commons, Trudeau said the proposed law is unconstitutional because it intrudes on provincial jurisdiction. He recommended that MPs vote against it.

But most Liberal backbenchers, along with Conservative and New Democrat MPs, ignored Trudeau’s warning. The bill passed by a vote of 222-60.

It was a free vote, meaning Liberal backbenchers were not required to toe the party line. They did, however, come under pressure from the government, including Trudeau.

Earlier in the day, Trudeau told a news conference that the federal government has to consider multiple factors when making decisions on legislation, including defending the rights of Canadians and upholding their freedom from discrimination.

He added that it also has to defend the Constitution and the balance of power between federal and provincial jurisdictions, he added.

The insurance industry has fiercely opposed an aspect of the legislation that would make it illegal for anyone to require a person to undergo genetic testing, or disclose the results of previous tests, as a condition of signing or continuing an insurance policy or any other good, service, contract or agreement.

The bill, which already has passed in the Senate, also prohibits anyone from sharing genetic testing results without written consent, although there are exceptions for physicians and researchers. A breach of the proposed law would result in a fine of up to $1 million, or five years behind bars.

The government had proposed an amendment that would have stripped the bill of everything except the power to make genetic characteristics a prohibited ground of discrimination under the Canadian Human Rights Act. It was defeated by a vote of 218-59.

The amendment would have gutted the legislation, said Rob Oliphant — the Liberal MP who shepherded the bill, originally proposed by now-retired Sen. James Cowan.