Thank you. Given that, can the Minister relay what their feedback was on this issue? Thank you.
Debates of May 30th, 2019
This is page numbers 5679 - 5712 of the Hansard for the 18th Assembly, 3rd Session. The original version can be accessed on the Legislative Assembly's website or by contacting the Legislative Assembly Library. The word of the day was going. View the webstream of the day's session.
Topics
Committee Motion 135-18(3): Standing Committee on Government Operations Report on the Review of Bill 30: An Act to Amend the Human Rights Act - Evaluation Framework for Restorative Process
Consideration In Committee Of The Whole Of Bills And Other Matters
Page 5703
Committee Motion 135-18(3): Standing Committee on Government Operations Report on the Review of Bill 30: An Act to Amend the Human Rights Act - Evaluation Framework for Restorative Process
Consideration In Committee Of The Whole Of Bills And Other Matters
Page 5703
Committee Motion 135-18(3): Standing Committee on Government Operations Report on the Review of Bill 30: An Act to Amend the Human Rights Act - Evaluation Framework for Restorative Process
Consideration In Committee Of The Whole Of Bills And Other Matters
Page 5703
Louis Sebert Thebacha
Yes. Thank you, Mr. Chair. I wonder, since that conversation or that exchange was with Mr. Aitken, whether he might respond to that. Thank you, Mr. Chair.
Committee Motion 135-18(3): Standing Committee on Government Operations Report on the Review of Bill 30: An Act to Amend the Human Rights Act - Evaluation Framework for Restorative Process
Consideration In Committee Of The Whole Of Bills And Other Matters
Page 5703
Committee Motion 135-18(3): Standing Committee on Government Operations Report on the Review of Bill 30: An Act to Amend the Human Rights Act - Evaluation Framework for Restorative Process
Consideration In Committee Of The Whole Of Bills And Other Matters
Page 5703
Aitken
Thank you, Mr. Chair. On April 4th, I had a phone call along with a policy officer for the Department of Justice with Bev Heim-Myers, and she is the chair of the Canadian Coalition for Genetic Fairness. I outlined the fact that Bill 30 was before the Assembly, that there was a proposal to bring forward motions that would add genetic characteristics as a prohibited ground. The coalition is in support of adding genetic characteristics as a prohibited ground to the Human Rights Act. Thank you.
Committee Motion 135-18(3): Standing Committee on Government Operations Report on the Review of Bill 30: An Act to Amend the Human Rights Act - Evaluation Framework for Restorative Process
Consideration In Committee Of The Whole Of Bills And Other Matters
Page 5703
Committee Motion 135-18(3): Standing Committee on Government Operations Report on the Review of Bill 30: An Act to Amend the Human Rights Act - Evaluation Framework for Restorative Process
Consideration In Committee Of The Whole Of Bills And Other Matters
Page 5704
Committee Motion 135-18(3): Standing Committee on Government Operations Report on the Review of Bill 30: An Act to Amend the Human Rights Act - Evaluation Framework for Restorative Process
Consideration In Committee Of The Whole Of Bills And Other Matters
Page 5704
The Chair R.J. Simpson
Thank you. General comments on the bill. Anything from committee? Mr. O'Reilly.
Committee Motion 135-18(3): Standing Committee on Government Operations Report on the Review of Bill 30: An Act to Amend the Human Rights Act - Evaluation Framework for Restorative Process
Consideration In Committee Of The Whole Of Bills And Other Matters
Page 5704
Kevin O'Reilly Frame Lake
Thanks, Mr. Chair. The Minister tabled this letter from the CLHIA in the House on March 8th. Can the Minster or his staff tell us whether there has been any representation to this government from either insurance brokers or individual insurance companies that there might be consequences if genetic diversity was added to the bill, such as things like withdrawing potential coverage from the Northwest Territories? Have they received anything like that? Thanks, Mr. Chair.
Committee Motion 135-18(3): Standing Committee on Government Operations Report on the Review of Bill 30: An Act to Amend the Human Rights Act - Evaluation Framework for Restorative Process
Consideration In Committee Of The Whole Of Bills And Other Matters
Page 5704
Committee Motion 135-18(3): Standing Committee on Government Operations Report on the Review of Bill 30: An Act to Amend the Human Rights Act - Evaluation Framework for Restorative Process
Consideration In Committee Of The Whole Of Bills And Other Matters
Page 5704
Louis Sebert Thebacha
Thank you, Mr. Chair. I understand that we did not approach any individual insurance companies or brokers. Thank you.
Committee Motion 135-18(3): Standing Committee on Government Operations Report on the Review of Bill 30: An Act to Amend the Human Rights Act - Evaluation Framework for Restorative Process
Consideration In Committee Of The Whole Of Bills And Other Matters
Page 5704
Committee Motion 135-18(3): Standing Committee on Government Operations Report on the Review of Bill 30: An Act to Amend the Human Rights Act - Evaluation Framework for Restorative Process
Consideration In Committee Of The Whole Of Bills And Other Matters
Page 5704
Kevin O'Reilly Frame Lake
Thanks, Mr. Chair. That wasn't really my question, but I am glad to get that information. Has our government received any correspondence, communications from individual brokers, individual insurance companies, that they would withdraw coverage for residents of the Northwest Territories if genetic diversity was added into this bill? Thanks, Mr. Chair.
Committee Motion 135-18(3): Standing Committee on Government Operations Report on the Review of Bill 30: An Act to Amend the Human Rights Act - Evaluation Framework for Restorative Process
Consideration In Committee Of The Whole Of Bills And Other Matters
Page 5704
Committee Motion 135-18(3): Standing Committee on Government Operations Report on the Review of Bill 30: An Act to Amend the Human Rights Act - Evaluation Framework for Restorative Process
Consideration In Committee Of The Whole Of Bills And Other Matters
Page 5704
Louis Sebert Thebacha
I understand that we have not received, Mr. Chair, any communications from insurance brokers or companies, but they may not be aware of this legislation or this amendment. Thank you.
Committee Motion 135-18(3): Standing Committee on Government Operations Report on the Review of Bill 30: An Act to Amend the Human Rights Act - Evaluation Framework for Restorative Process
Consideration In Committee Of The Whole Of Bills And Other Matters
Page 5704
Committee Motion 135-18(3): Standing Committee on Government Operations Report on the Review of Bill 30: An Act to Amend the Human Rights Act - Evaluation Framework for Restorative Process
Consideration In Committee Of The Whole Of Bills And Other Matters
Page 5704
Kevin O'Reilly Frame Lake
Thanks, Mr. Chair. I appreciate that this government has not received any communications from individual companies or brokers that anybody is going to withdraw coverage from our residents. The federal government has already done this. It was a private member's bill, but it was passed in the parliament. What has been the experience? Have insurance companies withdrawn coverage from any areas of federal jurisdiction as a result of the passage of the bill at the federal level? What has been the general experience? Thanks, Mr. Chair.
Committee Motion 135-18(3): Standing Committee on Government Operations Report on the Review of Bill 30: An Act to Amend the Human Rights Act - Evaluation Framework for Restorative Process
Consideration In Committee Of The Whole Of Bills And Other Matters
Page 5704
Committee Motion 135-18(3): Standing Committee on Government Operations Report on the Review of Bill 30: An Act to Amend the Human Rights Act - Evaluation Framework for Restorative Process
Consideration In Committee Of The Whole Of Bills And Other Matters
Page 5704
Louis Sebert Thebacha
Thank you, Mr. Chair. My understanding is that, generally speaking, this area is an area of provincial and territorial legislation. I think that the federal government has some role in the insurance industry, but I am told not for personal insurance. I doubt if there has been any effect at that level, if that is the question. I am sorry. I may have lost myself a bit here. I also understand that the federal legislation is before the courts. Perhaps Mr. Aitken can speak to this, Mr. Chair. Thanks.
Committee Motion 135-18(3): Standing Committee on Government Operations Report on the Review of Bill 30: An Act to Amend the Human Rights Act - Evaluation Framework for Restorative Process
Consideration In Committee Of The Whole Of Bills And Other Matters
Page 5704
The Chair R.J. Simpson
It has been a while since that constitutional law course, Minister. Mr. Aitken.
Committee Motion 135-18(3): Standing Committee on Government Operations Report on the Review of Bill 30: An Act to Amend the Human Rights Act - Evaluation Framework for Restorative Process
Consideration In Committee Of The Whole Of Bills And Other Matters
Page 5704
Aitken
Thank you. The private member's bill that Mr. O'Reilly is referring to is Bill S-201, and it was federal legislation. It had several components, but the two that are of most concern here are: the first relied upon the criminal law power to add a prohibition for using genetic tests without the express permission of the person and for asking for genetic tests in any capacity with very serious fines, I believe in the order of $1 million.
The second component of the bill was to add genetic characteristics to a number of federal statutes as a prohibited ground to the Canadian Human Rights Code, and also to deal in the Canadian Labour Code.
The first part of the bill that created the criminal law prohibitions relating to genetic testing was taken before a court in Quebec, and several months ago, the Quebec Court of Appeal actually ruled that it's unconstitutional because it is using the criminal law power to intrude into an area of provincial jurisdiction which has authority over insurance. I understand that that decision of the Quebec Court of Appeal has been appealed to the Supreme Court of Canada, and I believe that the hearing is scheduled for either October 10th or 11th of this year. Thank you.
Committee Motion 135-18(3): Standing Committee on Government Operations Report on the Review of Bill 30: An Act to Amend the Human Rights Act - Evaluation Framework for Restorative Process
Consideration In Committee Of The Whole Of Bills And Other Matters
Page 5704
Committee Motion 135-18(3): Standing Committee on Government Operations Report on the Review of Bill 30: An Act to Amend the Human Rights Act - Evaluation Framework for Restorative Process
Consideration In Committee Of The Whole Of Bills And Other Matters
Page 5704
Kevin O'Reilly Frame Lake
Thanks, Mr. Chair. I appreciate that explanation of what was in the federal legislation and what it covered in status, and so on, but is there any evidence that, as a result of this, in the federal legislation, any insurance companies have vacated the marketplace or refused coverage in any areas of federal jurisdiction as a result of the passage of that bill? Thanks, Mr. Chair.
Committee Motion 135-18(3): Standing Committee on Government Operations Report on the Review of Bill 30: An Act to Amend the Human Rights Act - Evaluation Framework for Restorative Process
Consideration In Committee Of The Whole Of Bills And Other Matters
Page 5704
Committee Motion 135-18(3): Standing Committee on Government Operations Report on the Review of Bill 30: An Act to Amend the Human Rights Act - Evaluation Framework for Restorative Process
Consideration In Committee Of The Whole Of Bills And Other Matters
Page 5705
Aitken
Thank you. Companies have not withdrawn from the jurisdiction. They are complying with the prohibitions related to genetic testing. In our discussions with the Canadian Life and Health Insurance Association, they pointed out that genetic testing is actually a very small component of insurance. Most insurance policies do not have a genetic testing component at all. Their concern was with medical histories and family medical histories and personal medical histories, and every life, health, and disability insurance policy deals with those aspects. In most cases, there's no reference to genetic testing at all. Their concern is much more with family medical history, the questions that relate to family medical history, and how those questions can be evaluated and used by the industry, than they are with the genetic testing component. Thank you.