Amy Mek
Imagine being forced to disclose your most private medical information just to keep your job, access public services, or enroll your child in sports. What if your refusal to comply could lead to discrimination, financial ruin, or social ostracism? For millions of Canadians, this isn’t a distant hypothetical—This is exactly what happened during the Covid years. French Canadian André Givogue has decided enough is enough. Taking a bold stand for fairness, privacy, and equality, he has committed his life—and even refinanced his home—to challenge this intrusion at the Supreme Court of Canada.
Givogue’s fight isn’t just about his personal struggle. If successful, his case could protect every Canadian’s right to keep their genetic and medical information private, free from coercion or discrimination. In an exclusive interview with RAIR Foundation USA, Givogue detailed his journey. “This isn’t just about me,” he emphasized. “It’s about securing rights for all Canadians now and in the future.”
The Fight for Medical Privacy
The case stems from Givogue’s refusal to disclose his mRNA vaccination status to his government employer during the pandemic. Citing the Canadian Human Rights Act, which protects individuals from discrimination based on genetic characteristics, Givogue argued that his vaccination status should remain private. He contends that mandating disclosure of such information violates Canadians’ right to privacy and opens the door to a dangerous precedent for medical and genetic discrimination.
“Under the Canadian Human Rights Act, genetic characteristics are a protected ground,” he explained. “But the law doesn’t clearly define what that means. That lack of clarity allows for misinterpretation and misuse, which is exactly what happened in my case.”
The stakes for Givogue are deeply personal. He was placed on leave without pay for refusing to disclose his status. Already working from home under a telework agreement, he insists that his refusal posed no risk to others. “They boxed me into a corner,” he said. “By treating me as unvaccinated simply because I wouldn’t disclose my status, they essentially labeled me as a public health threat—without justification.”
Clarifying the Law
Givogue’s legal argument centers on the Genetic Non-Discrimination Act (GNA), passed in 2017, and its amendments to the Canadian Human Rights Act. While the GNA explicitly prohibits genetic discrimination, its scope is limited to health-related genetic tests, such as those used to detect predispositions to diseases like Parkinson’s or cancer. Givogue argues that the definition of “genetic characteristics” should be broader, encompassing situations where genetic or medical information is inferred indirectly, such as through vaccination status.
Supporting his argument is the Supreme Court’s obiter dicta in the Reference re Genetic Non-Discrimination Act case. The court acknowledged that genetic information protections should not be limited to health-based genetic tests but should include genetic data obtained by other means. “By protecting ‘genetic characteristics’ rather than information disclosed by genetic tests, the amendments to the CHRA include genetic information obtained through other means,” Givogue quoted.
Supreme Advocacy and Fundraising
Givogue sought the expertise of Supreme Advocacy, a leading legal firm in Ottawa specializing in Supreme Court cases, to strengthen his case. In December 2024, the firm concluded he had a strong case for leave to appeal to the Supreme Court of Canada. However, the road ahead is steep: Givogue must raise $25,000 by the end of December to cover legal fees for representation. Without professional counsel, his chances of success drop dramatically—statistically, less than 1% of self-represented applicants are granted leave to appeal.
Despite these challenges, Givogue remains undeterred. “This is bigger than me,” he said. “It’s about ensuring that no one is discriminated against for refusing to disclose personal health information.”
Broader Implications for Canadians
Givogue’s case has far-reaching implications. A favorable ruling could ensure that genetic information—whether obtained through health-related tests or indirectly, such as vaccination status—receives comprehensive protection under Canadian law. This would prevent employers, governments, and institutions from coercing individuals into disclosing sensitive medical information.
“Privacy is not negotiable,” Givogue asserted. “This case is about fairness, equality, and the fundamental right to keep our genetic and medical information private. It’s a fight worth having—for all of us.”
Past Victories and Next Steps
Givogue has already achieved a significant legal victory at the Social Security Tribunal (SST), which found no misconduct on his part for refusing to disclose his vaccination status. This decision bolsters his credibility and underscores his adherence to lawful processes.
Now, Givogue is preparing to file his leave to appeal by January 7, 2025. If granted, the Supreme Court will have the opportunity to address the gaps in the Canadian Human Rights Act and clarify the protections afforded under the Genetic Non-Discrimination Act.
Call to Action
Givogue is asking for public support in this pivotal fight for genetic privacy and human rights. He encourages Canadians to:
- Donate: Support his legal campaign through his GiveSendGo page: GiveSendGo Campaign – André Fights Back.
- Spread the Word: Share his story and campaign with friends and family.
- Media and Podcasts: Help connect him with platforms to amplify his message.
“This case isn’t just about me—it’s about protecting all Canadians from discrimination and ensuring our laws reflect the realities of modern science and privacy,” Givogue said. “Every share, donation, or opportunity to raise awareness counts.”
Conclusion
André Givogue’s fight represents a crucial moment in Canada’s legal history. His case has the potential to safeguard genetic privacy and set a powerful precedent for future generations. As he prepares to face Canada’s highest court, Givogue remains resolute. “This isn’t just my fight,” he said. “This is for every Canadian who values their freedom and privacy.”
To follow his journey and support his mission, visit AndreFightsBack.com.
Vlad Tepes
RAIR Foundation
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