In a recent decision, the Quebec Court of Appeal declared the Genetic Non-Discrimination Act (the “Act”), adopted by the federal Parliament and which came into force on May 4, 2017, to be ultra vires because of its encroachment on the jurisdiction of provincial legislatures.
Sophisticated businesses operating in Canada often confront a dilemma caused by defence policy objectives of the United States of America. American law affects activities in Canada by, for example, controlling who can access defence-related technology (even if the immediate application of that technology is not a military application), currency transfers, and even airplane pilot training. But these US requirements, which are often backstopped by the threat of multi-million dollar fines, may spark allegations of discrimination under Canadian human rights legislation.
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