Givogue v. Canada (Attorney General) | Canadian Lawyer

19 Jun 2023

Givogue v. Canada (Attorney General)

Applicant

ANDRÉ GILLES GIVOGUE

Law Firm / Organization

Unrepresented

Respondent

ATTORNEY GENERAL OF CANADA

Law Firm / Organization

Department of Justice Canada

Lawyer(s)

André Givogue filed a complaint alleging discrimination by Fisheries and Oceans Canada.
Complaint related to his refusal to disclose COVID-19 vaccination status and subsequent denial of workplace accommodation.
Canadian Human Rights Commission (CHRC) deemed the complaint frivolous, citing a lack of direct link to CHRA grounds.
Givogue sought judicial review, but the Court upheld CHRC's decision as reasonable.
Background included employment details, COVID-19 vaccination policy, and interactions with employer and Union of Health and Environment Workers.
Procedural history highlighted CHRC's initial refusal due to a missing link to CHRA grounds.
Court analyzed legislative provisions and Supreme Court rulings, finding no genetic discrimination.
Court's role was to review CHRC's refusal, not assess policy or accommodation validity.
Application for judicial review dismissed, no costs awarded.
Style of cause amended to reflect the Attorney General of Canada as respondent.

Court

Federal Court

Case Number

T-2385-22

Practice Area

Human rights

Amount

Winner

Respondent

Trial Start Date

16 November 2022

Download documents

Givogue v. Canada (Attorney General).pdf