Givogue v. Canada (Attorney General)
Andre Gilles Givogue
Law Firm / Organization
Unrepresented
Attorney General of Canada
Law Firm / Organization
Department of Justice Canada

- Parties: The appellant was André Gilles Givogue. The respondent was the Attorney General of Canada.

- Subject Matter: The appellant filed a complaint with the Canadian Human Rights Commission. The complaint asserted that his employer, Fisheries and Oceans Canada, discriminated against him on the grounds of genetic characteristics and “partial/perceived disability” under s. 7 of the Canadian Human Rights Act, 1985. The employer was allegedly discriminatory when it decided to deny him workplace accommodations when he objected to disclosing his COVID-19 vaccination status. The Commission chose not to deal with the complaint under s. 41(1)(d) of the Act. The Commission – accepting the conclusions in its human rights officer’s report for decision – found the complaint frivolous because it failed to establish a link between the employer’s conduct and a prohibited ground of discrimination under s. 3 of the Act. The Federal Court dismissed the appellant’s judicial review application challenging the decision.

- Ruling: The appeal court partly allowed the appeal and remitted the matter back to the Commission for re-determination solely with regard to whether the appellant’s complaint that his employer discriminated against him on the ground of perceived disability was frivolous under s. 41(1)(d) of the Act.

- Date: The hearing was set on Oct. 10, 2024. The court released its decision on Nov. 8, 2024.

- Venue: This was a federal case before the Federal Court of Appeal.

- Amount: The appeal court awarded no costs as success on this appeal was divided.

Federal Court of Appeal
A-237-23
Human rights
$ 0
Other
15 September 2023