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The ruling effectively guts Assisted Human Reproduction Canada — a federal agency that was set up four years ago to monitor how assisted procreation is carried out more than two dozen clinics across Canada.
The agency has done little monitoring since its inception because the federal government was awaiting the outcome of Wednesday's ruling before pushing ahead, which generally puts an end to the prospect of national standards and leaves it up to the provinces to act.
The nine-member bench was deeply split on whether rules and regulations governing assisted human reproduction fall under federal control over criminal law or provincial jurisdiction over health care.
The outcome was a significant victory for the province of Quebec, which launched a constitutional challenge against the federal government six years ago after Ottawa passed its Assisted Human Reproduction Act.
The court majority concluded that much of the oversight...