Federal Court of Appeal Decision Grants Partial Win in Perceived Disability Discrimination Case, Offering Renewed Hope for Justice

After multiple setbacks, the Federal Court of Appeal acknowledges grounds for redetermination, bringing new momentum to the case.

On November 8, 2024, the Federal Court of Appeal has granted a partial victory in my case, sending a crucial issue back to the Canadian Human Rights Commission (CHRC) for redetermination. This decision challenges previous rulings and recognizes that my perceived disability argument deserves a fair review.

“The appeal is allowed in part. The decision of the Canadian Human Rights Commission (File Number 20220355) dated October 18, 2022 is remitted to the Commission for redetermination solely with regards to whether the appellant’s complaint of discrimination on the ground of perceived disability is frivolous under section 41(1)(d) of the Canadian Human Rights Act, R.S.C. 1985, c H-6. Without costs.”

After years of setbacks, this ruling marks a positive shift, allowing me to keep pushing forward for justice. Previous decisions from the CHRC and Federal Court dismissed my claims entirely, but the Federal Court of Appeal’s acknowledgment of my perceived disability argument is a hopeful step toward a fair assessment of my case.

Although this decision isn’t a final resolution, it opens the door to justice by ensuring that my perceived disability argument, previously dismissed without full consideration, will now be re-examined by the CHRC. While this isn’t an opportunity to present new arguments, it’s an essential step, as the CHRC will need to decide if my perceived disability claim is indeed frivolous under the Canadian Human Rights Act’s guidelines. I’m hopeful this will ultimately lead to my case being heard by the Canadian Human Rights Tribunal, where it can receive the consideration it deserves.

While it has been a long journey, this partial victory at the Federal Court of Appeal renews my faith in the process, as it requires the CHRC to take a second look at my case, and reminds me that justice is still within reach. I’m deeply grateful for the support I’ve received from you, family, friends, and supporters throughout this journey. This encouragement fuels my determination to keep fighting for a fair and just outcome.

You can read the full decision here:
Givogue v. Canada (Attorney General), 2024 FCA 186 (CanLII)
https://canlii.ca/t/k7s5p

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