What We Did

Proposal to Prohibit Discrimination on the Basis of Genetic Characteristics

Discrimination on the basis of genetic characteristics occurs when a person is treated differently in employment, in the provision of goods or services, or in tenancy on the basis of their specific genetic information, without bona fide and reasonable justification.

Committee researched the proposal to amend the Northwest Territories Human Rights Act to prohibit discrimination on the basis of a person's genetic characteristics. Committee learned that, in the intervening period since the work started on Bill 30, federal Bill S-201: Genetic Non-discrimination Act received royal assent on May 4, 2017. This bill amended the Canadian Human Rights Act to prohibit discrimination on the ground of genetic characteristics. It also amended the Canada Labour Code to protect employees from being required to undergo or to disclose the results of a genetic test, and to provide employees with other protections related to genetic testing and test results.

Committee also learned that, with the passage of the federal legislation, Canada became the last of the G7 countries to pass such legislation. In the United States, the Genetic Information Non-Discrimination Act, which protects people from genetic discrimination in health insurance and employment, was passed in 2008.

With the advent of consumer genetic testing companies, access to genetic information is becoming more commonplace. Fear of discrimination is a common concern among people considering genetic testing. In its public hearings, committee heard that residents of the Northwest Territories want to be protected from discrimination on the basis of genetic characteristics so that they can get genetic testing to help identify health risks and take preventive measures without fear of reprisal. Accordingly, committee moved motion 1 to amend Bill 30 to include genetic characteristics as a prohibited ground of discrimination.

Proposal to Prohibit Discrimination on the Basis of an Unrelated Criminal Charge or Conviction

The act currently prohibits discrimination on the grounds of a "conviction that is subject to a pardon or record of suspension." The proposal to prohibit discrimination on the basis of an unrelated criminal charge or conviction would extend this protection.

Committee heard from the Human Rights Commission that its support for this change to the act is based on concerns it has heard from residents of the Northwest Territories who have been prevented from pursuing certain employment opportunities because of an unrelated criminal charge or conviction. The commission argued that this proposal merited consideration, given social conditions in the North, including high conviction rates and systemic barriers to housing, services, and employment. The commission further noted that the prohibitive objectives of the act would be met by this proposal.

As admirable as the objectives of the proposal are, committee supports the decision of the Department of Justice to exclude it from Bill 30. The proposed amendment would require employers or service providers, such as landlords, to look at a person's record of offences and consider whether the offence that is the subject of a criminal charge or conviction would have a negative effect on the person's ability to do the job or would pose a risk to others in the delivery of housing or other services.

The committee agrees that this would impose unreasonable risks and constraints on employers and service providers. It could also raise concerns about liability and safety should an individual with a criminal record re-offend in their work capacity or with respect to the services they are receiving. Committee's decision is also based on the fact that, during the public consultation, committee heard little support for the proposal and in fact heard cautions against it.

At this point, I will pass on reading to the honourable Member for Deh Cho.