A constitutional analysis of the proposed ban on non-reproductive human cloning: an unjustified violation of freedom of expression?

Like all other Canadian legislation, in order to be valid law, the provisions of Bill C-13, An act respecting assisted human reproduction, must be consistent with the terms of Canada’s Constitution, and, in particular, must not unjustifiab ly infringe upon the individual rights and freedoms set out in the Canadian Charter of Rights and Freedoms. With this fundamental legal principle in mind, this paper will focus on one of the many questions which may arise regarding the constitutionality of the bill: namely, does the prohibition of Non-Reproductive Human Cloning unjustifiably violate freedom of expression? The primary purpose of this paper is not to resolve this question but rather is to identify the main issues and concerns which are implicated by this query and to thereby determine whether a reasonable constitutional challenge could be mounted against the NRHC Ban on the basis of s. 2(b) of the Charter.