FROLITICKS

Satirical commentary on Canadian and American current political issues

Feb 5

Trucker Convoy to Ottawa Turned Quickly from Demonstration to Occupation

by bcurry

As Ottawa enters into its ninth day of the so-called Convoy Freedom 22 demonstration, it has become obvious that it quickly transformed into an occupation of downtown Ottawa and surrounding residential areas.  This has led to accusations of illegal activities on the part of the demonstrators and charges against some of the protesters.  Members of the directly affected community have launched a class-action lawsuit in the Ontario Superior Court of Justice.  It is seeking $5 million in “punitive damages” and another $4.8 million in “private nuisance” damages, citing that the continuous noise from trucks and protester harassment have caused “significant mental distress, suffering and torment.”

On top of which, the crowdfunding platform GoFundMe stopped payments to the organizers of Freedom Convoy 2022 because the protest violates its rules on violence and harassment provisions in its contractual Terms and Conditions.  Over $10 million had been raised to date, although the names of most donators have not been released by GoFundMe.  A number of donors identified themselves in comments as living abroad, in countries such as the United States, Australia, England or Poland.  However, participants in the occupation have displayed symbols of hate including the Confederate flag and swastikas while protesting.  Truckers parked in downtown Ottawa have also made residents miserable by blaring their horns at all hours and protesters have vandalized businesses and harassed residents and employees.  Due to the actions of some demonstrators, numerous businesses have been forced to remain closed during the occupation, leaving many and their workers without revenues.  Interestingly, GoFundMe also has a similar page requesting donations in support of a trucking convoy to D.C.

Tamara Lich, one of the organizers of the protest’s GoFundMe page, posted a video message on Friday evening directing supporters to a new online fundraiser hosted by GiveSendGo, a Christian fundraising site.  This site was blocked by PayPal last year after it was used to raise funds for people who attended the Jan. 6 Capitol riot in the U.S.  Lich was a former leader within the “Wexit” movement pushing for the independence of western provinces, and recently resigned from the fledgling Maverick Party to devote herself full time to the “Freedom Convoy” protest.  While she is not a trucker, she was however associated with what are considered as fringe groups such as the Canadian “Yellow Vest” protest movement.

In addition, the Justice Centre for Constitutional Freedoms (JCCF), a Calgary-based nonprofit law firm that has also represented other clients resisting government COVID-19 restrictions and vaccine mandates, announced that it is representing the Freedom Convoy 2022 in Ottawa and has a team of lawyers on the ground providing legal assistance and advice.  Interestingly, on its Web site, the JCCF talks about freedom of peaceful assembly, including “… the freedom of Canadians to peaceful protest and demonstrations on public property.”  JCCF has also published a brochure entitled: “Your Body, Your Choice – The legal right to refuse vaccines and other medical treatments.”  The firm now represents several individuals who are contesting COVID-related public health measures and government restrictions.  Apparently, JCCF relies heavily on donations to support its activities.  Again, one must ask just who contributes?

All in all, Ottawa’s police chief who heads up the response to the occupation of a number of police forces, including the RCMP and Ontario Provincial Police, has implemented a number of new enforcement measures.  Unfortunately, for the citizens of Ottawa, the occupation is expected to continue over the weekend, with protesters being joined by outside groups.  The question is that, in view of the fact that a number of provinces had already planned to reduce COVID-related restrictions in the near future, what do the protesters really have to gain?  The answer is simply “nothing”.  Each day they are loosing whatever support that they initially had because of their actions as occupiers.  This is no longer a peaceful assembly.  Even some members of the Conservative party, who initially appeared to support aspects of the initiative, are now calling on the organizers to end the occupation and go home.

We are a country which respects the rule of law and order as a fundamental principle of our democratic ways.  This does not include infringing on the freedoms of other law-abiding citizens!

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Jan 22

It’s Hard to be Optimistic About the Rest of 2022 — Here’s Why

by bcurry

Well, the New Year began much as the old year ended.  Across the board there are numerous reasons for North Americans not to be overly optimistic about the rest of the year.  Several key factors are leading us to this conclusion.

  • The Omicron variant of COVID-19 has created a fourth or fifth wave, depending on who you are talking to.  Although Omicron appears to have possibly peaked, it has once again severely strained our health care systems.  In addition, the unvaccinated continue to represent the largest number of hospitalizations, especially when it comes to patients in our ICUs.  Our health care providers continue to be under a great deal of strain, especially after two years of treating COVID patients.  There is now a tremendous backlog of elective surgeries and treatments.  In addition, although CDC studies show the effectiveness of booster vaccine shots in preventing severe COVID cases, far fewer adults have gotten booster shots to date.  When will we move from a pandemic to an endemic?
  • In most jurisdictions, kids are back for in-person learning in schools.  However, there are still a large number of children under the age of twelve who have not received their first dose of a COVID vaccine.  With the Omicron variant being twice as contagious as the Delta variant, many parents are concerned about the safety of schools and the potential effect of the disease on their children.  Indeed, statistics have shown that more children are being hospitalized due to Omicron.  Questions have been raised about whether in-person learning can continue in the near future.
  • Even with the economy starting to reopen, a number of economic issues have arisen.  Among these is the forecast of continuing hyperinflation over the coming months.  There continue to be supply chain problems, shortages of skilled labour and increasing fuel, food and housing prices.  With the current annual inflation rate running at around six percent, Canadians have not seen such a high inflation rate since 1991.  A survey of consumer expectations showed Canadian households also expect inflation to stay above 3 percent over the next couple of years, above the two percent average considered normally acceptable.  Central banks have little choice but to raise interest rates this year which will have a major effect on government and personal debt payments down the road.
  • Internationally, both the U.S. and Canada, as members of the North Atlantic Treaty Organization (NATO), will have to deal with on-going Russian threats suggesting a possible military incursion into eastern Ukraine.  Although the Ukraine is not a member of NATO, the allied countries strongly believe that there needs to be an immediate and firm reaction to any Russian incursion.  As a warning to Russian President Vladimir Putin, NATO countries are arming and training the Ukraine military and defence forces in preparation for such an event.
  • China’s economy is slowing, a worrying sign for the world.  China’s National Bureau of Statistics indicates that economic output from October through December of 2021 was only 4% higher than during the same period a year earlier.  This is a far cry from previous annual growth rates ranging between 6 and 9 percent in recent years.  The Omicron variant of the coronavirus is now starting to spread in China, leading to more restrictions around the country and raising fears of renewed disruption of supply chains.  Being a major supplier to the North American markets, any continuing slowdown in China’s economy will have a severe impact on U.S. and Canadian businesses and consumers.
  • COVID-19 government relief programs for the unemployed and businesses affected by government-imposed lockdowns and public health measures are being phased out.  This could result in many hardships for lower income individuals and small to medium-sized businesses.  The resulting loss of income due to the pandemic will have an impact on government revenues in the near future.  Many government support programs may have to be reviewed for termination or reduction under expected future austerity measures.

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Dec 6

With More Extreme Weather Occurrences, Governments Will Have To Act Faster

by bcurry

With the recent forest fires, hurricanes and severe floods, both Canada and the U.S. are being forced to increasingly provide support to provinces and states for immediate assistance and longer-term recovery initiatives.  However, Canada does not have any federal agency equivalent to the Federal Emergency Management Agency (FEMA) in the U.S.  However, recently there has been more interest in Canada to potentially creating a similar federal agency to FEMA given the recent destructive and massive flooding of regions in British Columbia.

FEMA is an agency of the U.S. Department of Homeland Security (DHS), initially created under President Jimmy Carter in 1978 and implemented by two Executive Orders in 1979.  FEMA’s primary purpose is to coordinate the response to a disaster that has occurred in the U.S. and that overwhelms the resources of local and state authorities. The governor of the state in which the disaster occurs must declare a state of emergency and formally request from the President that FEMA and the federal government respond to the disaster.  FEMA also provides funds for training of response personnel throughout the U.S. and its territories as part of the agency’s preparedness effort.  While on-the-ground support of disaster recovery efforts is a major part of FEMA’s charter, the agency provides state and local governments with experts in specialized fields and funding for rebuilding efforts and relief funds for infrastructure repair.

However, even FEMA has incurred criticism in recent years, particularly in relation to the impact of hurricanes Katrina that hit New Orleans in 2005, Harvey that hit the Houston area in 2017, Laura that hit Louisiana in 2020, and Ida that hit Louisiana this past summer.  Among the criticism about FEMA is that it takes an inordinately long time to place every displaced resident in temporary housing, sometimes months and sometimes years as in the case of Katrina.  More than three months after Hurricane Ida tore through coastal Louisiana, thousands of residents of the hardest hit bayou communities remain displaced.  This raises the question as the whether supplying temporary or replacement housing for disaster victims is an appropriate role for government?  Most people would agree that it is.

Public Safety Canada helps Canadians and their communities protect themselves from emergencies and disasters related to all kinds of hazards – natural, human-induced and technological – through national leadership in the development and implementation of policies, plans and a range of programs.  The Department maintains a loose network of partnerships with other federal government institutions, provincial and territorial emergency management organizations, first responders and voluntary organizations, and other stakeholders and communities, supporting a whole-of-society approach to emergency management that leverages resources and capacities at all levels across the country.  However, the federal government relies heavily on providing immediate assistance through the Department of National Defence and non-profit organizations such as the Canadian Red Cross as requested.

Given the nature of recent disasters often associated with the impact of climate change, the Canadian government needs to seriously rethink how it handles such future disasters in an efficient, timely and effective manner.  There is a real need for a central agency to do pre-planning in order to prepare for future emergencies.  Preventative measures to deal with climate and environmental related causes will have to be developed and implemented on a long-term basis.  National coordination of such initiatives is a must, and more than sufficient funding needs to be allotted as soon as possible.  After all, an ounce of prevention is worth a pound of cure.  National, provincial and local infrastructure needs to be immediately assessed to determine its capacity to withstand imminent future natural disasters.  Providing the means to immediately support displaced individuals and quickly provide temporary housing is essential to the well-being of both Canadians and Americans.

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Sep 16

Canada Has Its Own Mini-Trump Running In Current Federal Election

by bcurry

In Canada today, there are a number of small parties running in the current federal election.  Among these is the self-described hard-right populist People’s Party of Canada (CPP) founded in 2018 by Maxime Bernier.  Bernier was once a member of Canada’s Conservative Party, but left due to differing views with the party on a number of policy issues.  Overall, he believed that the Conservative Party had strayed from some of its traditional right-wing beliefs.  In its first election in 2019, the CPP received 1.6 percent of votes, placing it well behind other small parties, such as the Greens (6.5 percent) but well ahead of others, such as the Christian Heritage Party (0.1 percent).  Currently, the CPP does not have a seat in the national parliament.  Recent polls show that the CPP could get slightly more than 6 percent of the popular vote, but again the party is not expected to win any seats, including that in the riding where Maxime Bernier himself is running.

The primary difference with the emergence of Donald Trump in the Republican Party is that Bernier decided to offer his ultra-right views by forming a new national party.  However, many of the same positions taken by Trump’s followers are reflected in the CPP’s platform.  Bernier is attempting to appeal to a portion of the Canadian electorate who are disgruntled with the current political establishment in Ottawa, be it Conservative or Liberal, and are simply angry about the current state of Canadian society and big governments.  Like Trump, Bernier is in favour of reducing immigration, preventing refugees from entering Canada illegally, promoting the construction of pipelines, denying the human contribution to climate change, pushing for a single national identity, moving away from promoting multiculturalism, eliminating foreign aid funding and repealing existing firearms laws. Fortunately, unlike Trump, Bernier has not to date raised issues about voter fraud or rigged elections.

What has really brought out the CPP supporters to the federal election are the restrictive measures taken by the federal and provincial governments to deal with the coronavirus pandemic.  Bernier has referred to COVID-19 public-health measures and vaccine policies as being “tyrannical”.  He has often told his supporters that: “People are fed up and they want to get back their freedom.”  This is a common theme, declaring that government public-health measures are an attack on one’s liberties, especially when it comes to lockdowns, mandated vaccinations and vaccine passports. 

What’s unfortunate about the participation of CPP supporters in the campaign is that their anger has gotten the better of their common sense and civility.  Supporters have been part of a number of often-violent demonstrations protesting the other parties’ leaders, especially at events being held by the current Liberal leader, Prime Minister Justin Trudeau.  The protesters have attempted to drown out the leaders at campaign stops and have revealed signs with vulgar and insulting slurs and graphics.  What’s regrettable is that Maxime Bernier refuses to condemn the incivility and lack of respect shown by CPP supporters against the opposing leaders, and in particular the PM.  In these difficult times, there is no doubt that there is a lot of pent-up anger among those whose lives and livelihoods have been negatively affected by the pandemic and some of the public-health measures that had to be implemented.  However, given the severity of the pandemic, Canadian support for such measures and the current growing fourth wave, it doesn’t appear that the CPP will gain very much additional support.

Unlike in the U.S. with its firmly established conservative base in several regions, there is little chance that Canada will see a similar ultra-right populist administration in power anytime soon.

Maxime Bernier himself does not like to be compared to Donald Trump for obvious reasons.  Unfortunately, his party has tended to politicize some of the more critical issues such as public-health measures aimed at preventing more COVID-related hospitalizations and deaths.  Unfortunately, the anti-vaxxers now have a political means to promote their virulent opposition to such measures.  By encouraging unfounded and unreasonable protests, Bernier does appear to have taken a page from Donald Trump’s agenda.

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Aug 26

The Issue of the Right to Choose vs. the Ability to Choose

by bcurry

I recently read an interesting editorial in a Canadian media outlet that addressed some of the issues facing Canadians and Canadian political parties in the current federal election.  All the main parties have attempted to address such issues as child care, affordable housing, health care, long-term care, employment opportunities, and economic assistance to the middle class and working poor.  In this particular article, the writer wondered whatever happened to people’s right to choose what’s best for themselves and their families?  What the proposition fails to address is the fundamental issue that not everyone in our society has a choice when it comes to their livelihood and daily lifestyles.  The right to choose would be great if we had an egalitarian society where people had the means to choose the alternatives available for many necessities.

Let’s start with how one educates one’s children.  Education is supposed to be the foundation for allowing people to reach their full potential in society, and notably to escape from the cycle of poverty that exists in many circumstances.  However, when it comes to public education which the majority of Canadians rely on, there is not always the same quality of primary and secondary public sources depending on where a family lives.  Sure, one can choose to send their children to private schools, but how many of us can afford to do so? 

Then, there is the question of affordable housing which everyone agrees is increasingly disappearing in most major urban communities.  If one cannot afford to expend 60 or 70 percent of their monthly income on rental housing, the options are clearly limited.  One ends up having to take whatever is available, and that’s not much.  Just look at the waiting lists for subsidized housing in most communities.

Next, we have the question concerning our current system of universal health care.  Fortunately, unlike in the U.S., Canada supports a basic health care insurance system which covers every Canadian.  However, even then, we have inequalities because of the need to have private health insurance to cover such things as certain prescription drugs, dental care and physiotherapy.  There are those who have to forgo certain treatments or medication in order to put food on the table and pay the rent.  Is this what one implies by referring to choice?

Then there is the question of one’s employment and supplementary needs.  For many single parent families or working couples, there is little choice but to work.  With a requirement for affordable child care during early childhood, they need to find affordable means to ensure that their kids are adequately cared for while they are at work.  Given the evident lack of affordable child care across Canada, the means to providing for care is not always a matter of parental choice.  You may be required to work more than one job, often at minimum wages, and the needed hours most likely will vary depending on where one works.  In addition, you most likely will take public transit to and from work because it’s the cheapest means to commute, especially given the high costs of vehicle insurance.

This brings us to the ultimate question.  Do we have a real right to choose or is this a privilege depending on one’s status in an inequitable society?  What many need are affordable and quality options, whether it is for child care, housing, transportation or health care.  Without greater availability to affordable and quality options, simple measures through income-based tax credits for Canadians does nothing to resolve the existing inequalities.  Hopefully, there are signs that some political parties have recognized the need for proactive policies and expenditures to tackle such inequalities.  After all, we are talking about the basic necessities of everyday living for many Canadians who are not among the privileged few.  Unfortunately, as it now stands, many are not in a position of choice.

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Jul 28

Appointment of Remarkable Indigenous Woman to be Canada’s 30th Governor General

by bcurry

On July 26th, Mary Simon was officially appointed the Queen’s representative to Canada.  What is extraordinary is that Mary Simon is Inuk, having been born and raised in what is now Nunavut.  Nunavut is one of Canada’s three northern territories and is populated primarily by the Inuk people.  Now of course, the role of the Governor General is primarily ceremonial, but there are certain situations where the Prime Minister as head of government must consult with the Governor General, such as in the case of dissolving Parliament and calling a federal election.  What is more important, that as head of state, the Governor General will oversee a number of ceremonial events such as the opening of Parliament and awarding Canadians with various titles of recognition for service and achievements.

What is even more important, in this period of reconciliation with indigenous peoples, Mary Simon will have numerous opportunities to travel the country and meet with Canadians in their communities.  She appears to be devoted to trying to bring Canadians together and to serve as a bridge for people of different races, colour, life preferences, religions, etc., etc.  She is also committed to improving the economic and social situation for people in the Artic, many of whom have been forgotten by past governments in Ottawa.  She has also been a major spokesperson for issues surrounding climate change, particularly in global Artic regions.  In her inauguration address to Parliament, Mary Simon demonstrated her sincere desire to serve all Canadians in a respectful and humble manner.

In a time when the current pandemic has created more divisions among Canadians, an effective and respected Governor General can certainly help to address some of the critical issues we face, without the appearance of adhering to any particular political biases.  She has talked about real acts of meaningful reconciliation and the need for healing in Aboriginal communities across Canada.  Through tolerance and understanding, she believes that Canada can truly become a country of diversity, greater equality and hope.  I, like many Canadians, could not but be impressed with the inspiring words of our new head of state.  We can only hope that Her Excellency, the Right Honourable Mary Simon, as our 30th and first Inuk Governor General, will help all of us to heal and move forward in a positive way.  She certainly has challenging work set out for her!

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May 28

What’s a Billion Dollars? President Biden’s Proposed $6 Trillion Budget for 2022 Fiscal Year

by bcurry

During the Second World War, Canada’s newly appointed Minister of Munitions and Supply, the Honourable C.D. Howe, had allegedly said “What’s a million?” in response to his war spending estimates in 1945 (which totalled $1.365 billion).  This was in response to opposition queries about cutting a million dollars from that budget.  Howe responded that a million dollars from the War Appropriations Bill would not be a very important matter, which of course in those days represented a lot of money.  Howe eventually went on in 1944 to become Minister of Reconstruction in the post-war government’s successful overhaul of the Canadian economy. 

Now one has President Biden’s apparent proposal for a $6 trillion budget for the 2022 fiscal year.  Wow, this is a lot of money!  The budget proposal would call for the most sustained spending in more than a half-century, which forecasts deficits at more than $1 trillion for at least the next decade.  As in the case of WWII funding, the President sees the proposed expenditures as necessary to turn the economy around after the pandemic is over.  Most of the planned new funding would go to building up America’s infrastructure: everything from roads, bridges, public transit systems, passenger and freight rail, airports, water infrastructure, broadband infrastructure, etc., etc.  Already, in addition to the American Jobs Plan, the President has put forward a $1.8 trillion American Families Plan, a massive package that would invest in education, childcare and paid family leave.  To pay for all this, the President plans to increase taxes on the wealthy and to raise the current corporate tax rate.

Of course, the Republicans have raised their objections, especially to any increases in personal or corporate tax rates.  A group of Senate Republicans apparently have announced a $928 billion counteroffer on infrastructure.  After all, what’s a few billion dollars less?  Needless-to-say, many Democrats dismissed the Republican counteroffers as being too small.  Sounds familiar.  Another group of Republicans reportedly has suggested using unspent funds from previous coronavirus relief plans to pay for the infrastructure bill.

As in the case of the American and Canadian extensive efforts and massive spending for their economies to fund the war and recover from WWII, it would make sense that similar efforts are required of governments to do the same in order to recover from the damages incurred as a result of the global pandemic.  One way is for a massive investment in the much needed upgrading of our infrastructures, many of which have suffered from past neglect.  Yes, a billion or more dollars is a lot of money, but not when you’re talking about trillions.

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Sep 18

In Canada, the Rich Just Got Richer During the Pandemic – But at What Cost?

by bcurry

Canada’s 20 richest have collectively added $37 billion to their fortunes since March 2020, according to a recent report from the Canadian Centre for Policy Alternatives.  Meanwhile the unemployment rate in Canada hit an all time high of 13.7 percent in May, with 1.1 million people still out of work.  More than ever, many Canadians are struggling to make ends meet and food banks are doing a booming business across the country.  The report notes that billionaires like Loblaws owner Galen Weston have seen their wealth balloon, while front-line workers stocking shelves and scanning groceries at his stores have continued to risk their health and that of their loved ones by coming into work.

The irony is that three of the largest Canadian grocery chains, Loblaw Cos. Ltd., Sobeys’ parent Empire Co. Ltd. and Metro Inc., each ended their $2-an-hour wage increases on the same day in mid-June.  This shocking action took place despite the fact that the coronavirus pandemic was and is still with us.  Some have called for an investigation by the federal Competition Bureau into what is perceived as “wage fixing” by these corporations.  Unfortunately, unlike in the U.S. where wage fixing and other labour-related schemes are considered per se illegal and don’t require any proof of a negative impact, there is no such legislation governing wage fixing in Canada.  In July, the top executives from Loblaw, Empire and Metro were called to explain their wage cuts in front of a parliamentary committee, but to no avail.  Some parliamentarians are calling for a change to the Competition Act to allow the Bureau to investigate such “wage fixing” schemes.  Hopefully, the current federal government will consider a legislative change.

Governments have often proclaimed that we are all in the fight against COVID-19 together.  However, it would appear that some are in the fight more than others, while some are benefiting obvious expense of restaurants and the service industry.  Anyone who shops for groceries knows that food prices have not declined, if anything they have increased greatly — especially for fresh more from the economic impact of the virus.  Among those benefiting are the big grocers with more consumers isolating at home and depending on obtaining essentials from their outlets, at the produce.  This has made it extremely difficult for families who are relying on temporary government assistance, some of which may disappear very shortly.  Among those families are members who work in grocery stores, only to have their risk compensation shamefully terminated by billionaires.  In light of the ultimate advent of a second wave of COVID-19, one can only hope that these big grocers will reinstate the earlier top-up wage increases.  Seems to be the only right thing to do under the circumstances!  Don’t hold your breath.

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Apr 26

Why Is It That We Still Can’t Understand The Limitations Of Governments To Do Things?

by bcurry

Recently, I read a number of articles in reputable sources blaming governments for all kinds of things. The complaints ranged from the decline in North American manufacturing jobs to proactive policies aimed at dealing with climate change and poverty.  The problem appears to be that the authors really don’t understand just what impact government policies and programs can have in reality.  Indeed, what is the ultimate role and purpose of governing?

Let’s put it in simpler terms. Governments are needed to ensure peace and good order in a society.  They do this by creating laws, administering and enforcing them for the good of all citizens.  Governments also strive to protect the individual rights of their citizens, constitutional or otherwise.  However, unlike a century ago, societal needs have become more complex and are influenced by many other factors — from new technologies, globalization, ideologies, oligopolies, world and domestic economic institutions, the environment, etc., etc. Most of these factors are outside the direct influence or control of governments.  If anything, the impact of other factors is felt more than that of government initiatives which tend to be more reactive than proactive.

Today, hundreds of lobbyists continuously work to influence government policies, often through financial support for politicians and parties. While governments attempt to be perceived as being independent, the reality is that the most influential interest groups get their fullest attention.  For example, one only has to look at recent tax reform initiatives in the U.S. and the influence of the National Rifle Association regarding the current gun control debate. Large business organizations run the economy, not government.  President Trump is witnessing their significant influence in the current debate over free trade versus his administration’s move to increased protectionism.

Except in the case of wars, governments rarely tackle issues in a speedy and drastic way, but rather do things in a deliberately slow and incremental approach. Sometimes, politicians just want to please as many interest groups as possible so as to get re-elected in the short-term.  It’s rare that governments attempt to move quickly to tackle those longer-term issues for fear of alienating their supporters, most of whom can’t see further than the end of their noses.  Unfortunately, rightly or wrongly, critics ignore the realities of governing today’s complex societies.  Many of the issues we face today have emerged and evolved over decades of governments with varying political stripes.  In order to be re-elected, political parties are more or less forced to take “centrist” positions or face the countervailing influence of powerful interest groups.  It’s hard to govern effectively and with a longer-term perspective when the immediate primary objective is political survival.  Sorry to be so cynical, but it’s been a tough week!

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Mar 11

Canada Needs Laws Barring Discrimination Based on Genetic Test Results

by bcurry

In 2009, the U.S. passed the federal Genetic Information Nondiscrimination Act which bars discrimination by insurers and employers based on genetic test results.  The law was enacted in response to breakthroughs in genetic testing, including the development of readily available tests that can detect whether individuals are at risk for certain diseases or other medical conditions.  Developments had raised concerns that employers or insurers would use the information to deny coverage or employment to those at higher risk.

Genetic testing has come a long way. Tests have been developed to determine the probability of someone being potentially at risk for dementia, osteoporosis, schizophrenia, bipolar disorder, and numerous other diseases.  Currently, individuals tend to be the focus of genetic testing for their personal or health reasons.  This is where the privacy of such information becomes important, particularly as it pertains to employment and health or life insurance.  However, despite many advances in the science of the human genome, the fact is that it is still difficult to predict with absolute certainty that an individual will actually have the disease based solely on genetic testing.  Other important environmental considerations must also be taken into account when examining a person’s potential health risks.

For these reasons, laws are required to prevent genetic discrimination and to guarantee the rights of people to privacy of genetic testing results. This is a matter between the individual and his/her physician, not to be shared with anyone else without the individual’s consent.  As was the case in the U.S., the Canadian Life and Health Insurance Association on behalf of insurance providers believes that insurers have every right to information about a client’s genetic makeup.  However, given the reasons for genetic testing, the uncertainty of the science and other environmental considerations, the need for and use of such information by insurers and employers is really questionable.

Recently, a private members’ bill from the Senate was passed which would ensure that Canadians can get genetic tests to help identify health risks and take preventive measures.   This could be undertaken without fear that they’ll be penalized when it comes to getting a job or life and health insurance.  However, in a bizarre twist, the federal government is arguing that the bill amounts to an unconstitutional use of the federal criminal law power to intrude into provincial jurisdiction to regulate the insurance industry.  This ignores the fact that under Canada’s Charter of Rights and Freedoms, Canadians have the legal right to life, liberty and personal security.  The latter should of course include the right to privacy in matters related to their health and well-being.  For this reason, the government needs to proceed implementing the bill and stop its stall tactic of declaring the issue to be an infringement on provincial jurisdiction.  Instead, we should get on with ensuring the privacy of people’s health information, especially when it comes to genetic testing.

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