Have you ever felt discriminated against because of your mRNA vaccination status or know someone who has? Now is your chance to help make a difference! André Givogue, a federal employee and self-represented litigant, is taking his fight for justice to the Supreme Court of Canada to ensure all Canadians are protected from unfair genetic characteristics discrimination and needs your help.

For years, André has fought tirelessly to protect Canadians from discrimination based on genetic characteristics, including genetic information data obtained through means like vaccination attestation. After representing himself all the way to the Federal Court of Appeal and securing a partial win, the court failed to address the core argument of his case: ensuring the broad protections of genetic characteristics under the Canadian Human Rights Act.

Originally, the Canadian Human Rights Commission (CHRC) dismissed his complaint by narrowly interpreting “genetic test” as health-related only in ignored the outcome of obtaining genetic by other means (like asking for his mRNA vaccination attestation), which leaves a bad precedent because the Supreme Court of Canada’s obiter dicta in “Reference re Genetic Non-Discrimination Act” supports a broader interpretation, indicating that genetic information protections should not be limited to health-based genetic tests but should include information obtained by any means.

“The amendments to the CHRA also encompass a broader range of genetic information than ss. 1 to 7. First, since no definition is provided for “genetic characteristics”, the protection is not limited to a narrow health-based definition of genetic tests. Second, by protecting “genetic characteristics” rather than information disclosed by genetic tests, the amendments to the CHRA include genetic information obtained through other means. The deeming provision supports this interpretation: the CHRA specifically ensures that one cannot be forced to undergo a genetic test and that results of a genetic test cannot be forcibly disclosed, which does not preclude the fact that a broader range of genetic information is protected. The broad purview of the CHRA goes to show, in my respectful view, that ss. 1 to 7 also cannot be characterized in pith and substance as protecting individuals’ control over private information.” – Para. 191

André strongly believes that the narrow health only interpretation contradicts the intentions of section 9 and 10 of the Genetic Non-Discrimination Act (GNDA) amendments which modified section 2 and 3 of the Canadian Human Rights Act (CHRA) to protect privacy and discrimination on any genetic information.

Given the potential national impact, the lack of jurisprudence, and the complex issues surrounding genetic privacy and protection from discrimination, André is now preparing to apply for leave to appeal to the Supreme Court of Canada, focusing on the genetic characteristics argument as a matter of national public interest and to push for a broader interpretation under the Canadian Human Rights Act (CHRA). André has 60 days from November 8, 2024 to file. The goal is to protect Canadians from discrimination not just based on health-related genetic tests but also from genetic data obtained by any means and non-health related tests, like PCR tests and mRNA vaccination attestation/disclosure/status.

Wanting to ensure the viability of his Supreme Court appeal, André retained Supreme Advocacy, one of Canada’s leading Supreme Court counsel firms, to provide a legal opinion. In November 2024, he placed $5,650 in trust to commission their expert review. On December 5, 2024, the firm concluded:

"Overall, based on the factors discussed above, you have a good case for leave to appeal to the Supreme Court of Canada."

Now, André needs $25,000 to retain counsel for the leave to appeal application. Without representation, the chances of success are slim.

"Statistically, only 10% of applications are granted leave to appeal, and for self-represented individuals, that number drops below 1%."

This case isn’t just about André—it’s about protecting all Canadians from discrimination and ensuring our laws reflect the realities of modern science and privacy. By supporting this campaign, you can help secure stronger protections for future generations.

How You Can Help:

• Donate to this campaign.
• Share this campaign with friends and family to spread the word.

Together, we can make history. Thank you for your support!

Background:

André previously won at the Social Security Tribunal (SST), where no misconduct was found on his part. Now, his fight is focused on ensuring future generations are protected from misuse of genetic information in the workplace and beyond.

“This case is about ensuring no one in Canada is discriminated against based on their genetic information,” André says. “Every share, donation, or opportunity to raise awareness counts.”

Follow André's Legal Journey:
https://www.AndreFightsBack.com
https://x.com/AndreFightsBack