“I cannot think of a past reference case that meets this set of circumstances: Parliament passing a bill against the wishes of a government that holds a parliamentary majority and a government that will be arguing against the constitutionality of a federal exercise of power.
OTTAWA — The Trudeau government is in the bizarre position of preparing to go to the Supreme Court to argue against a federal law passed with the support of its own MPs.
That’s the result of Justice Minister Jody Wilson-Raybould’s announcement that the government intends to seek the top court’s advice on the constitutionality of a bill aimed at preventing genetic discrimination.
More than 100 Liberal backbenchers joined Conservatives and New Democrats to give final approval to the bill Wednesday, despite warnings from Wilson-Raybould and Prime Minister Justin Trudeau that it is unconstitutional.
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 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.
Ordinarily, the federal government would be expected to make that case about a federal law. But how could it do so in this instance?
“Clearly, somebody has to make that argument (that it is constitutional)… I guess I have difficulty seeing how the federal government would go to court arguing a law that was adopted by the federal Parliament is not constitutional,” said Housefather.
In other words , It is very hard for liberals to argue that a law that they passed themselves against the wishes of their Leader despite being a majority is against there principles.
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and for more info on the bill being passed look here –