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“It is almost certainly unprecedented.”

The bill is aimed at ensuring that Canadians can get genetic tests to help identify health risks and take preventive measures, without fear that they’ll be penalized when it comes to getting a job or life and health insurance.

It would make it illegal 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 contract or agreement.

It is almost certainly unprecedented

It would also prohibit anyone from sharing genetic test results without written consent, although there are exceptions for physicians and researchers.

Wilson-Raybould maintains the bill amounts to an unconstitutional use of the federal criminal law power to intrude into provincial jurisdiction to regulate the insurance industry, which is fiercely opposed to the legislation.

Liberal MPs who supported the bill don’t seem overly upset that their own government, which gave them the freedom to vote as they pleased on it, is now intent on challenging their decision.

“Either way, we already knew with statements having been made by the insurance industry that somebody was going to challenge the constitutionality of the law,” said Anthony Housefather, Liberal chair of the justice committee that refused to amend the bill to suit the government after hearing expert testimony that it was constitutional.

Having the federal government refer the matter directly to the top court “means that we will have an answer from the Supreme Court far faster than if a challenge is started in a lower court by industry or by someone,” he said in an interview, echoing the view of other Liberal backbenchers.

The last reference, on Senate reform, took just over a year for the Supreme Court to render an opinion. A previous reference on Quebec secession took two years.