Update: Taking the Fight for Genetic Rights to the Supreme Court!

Help Me Bring Genetic Rights to the Supreme Court

I wanted to share an important update with you about my case. After reflecting on the Federal Court of Appeal (FCA) decision over the past few weeks, I’ve decided to take the core issue of genetic characteristics to the Supreme Court of Canada.

While the FCA allowed my appeal in part, on the perceived disability argument, it left the primary issue of genetic characteristics unexplored. This means there’s still a significant gap in how the Canadian Human Rights Act (CHRA) protects individuals from discrimination based on genetic information obtained through non-health-related means, like PCR tests or vaccination attestation.

Originally, the Canadian Human Rights Commission (CHRC) dismissed my complaint by narrowly interpreting “genetic test” as health-related only in ignored the outcome of obtaining genetic my other means (like asking for my 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

I strongly believe that the narrow health only interpretation contradicts the intentions of section 8 and 9 of the Genetic Non-Discrimination Act (GNDA) amendments which modified section 2 and 3 of the 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, I’m 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 CHRA. I have 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 my case, a couple weeks ago I retained Supreme Advocacy to provide a legal opinion. I invested $5,650 into commissioning their analysis, and on December 5, they concluded:

"You have a good case for leave to appeal to the Supreme Court of Canada."

To proceed, I need to raise $25,000 by the end of December to cover the legal fees for representation. 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 is critical not just for me but for all Canadians, as it addresses questions of privacy, discrimination, and the broader interpretation of genetic protections under the CHRA.

I’m asking for your support in any way you can:

• Donate: Visit my GiveSendGo campaign https://www.givesendgo.com/AndreFightsBack.

• Spread the Word: Share this blog post and my campaign with others.

• Media/Podcast Opportunities: If you know someone interested in sharing this story, please connect me!

Thank you for standing by me through this journey. Together, we can push for justice and protect the rights of future generations.

Cheers!
André

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.