Federal employee working from home challenges COVID-19 mandate in court
'My argument was around the fact that … I might be perceived as having a disease, because they're looking at us as walking hazards,' argued Andre Givogue.
“I'm doing this for my daughters,” Andre Givogue, a federal government employee of the Department of Fisheries and Oceans Canada and father of two young girls, told Rebel News on Thursday in Ottawa after his hearing in Federal Court challenging the Trudeau government's imposition of a COVID-19 vaccination requirement upon the federal government's workforce.
Despite having a work-from-home arrangement with his department prior to the federal government's vaccination requirement, Givogue was suspended for six months without pay for refusing to disclose his vaccination status in accordance with the Trudeau government's decree.
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Givogue appealed to the Canadian Human Rights Commission (CHRC) to allow his challenge to the federal government's vaccination requirement to be considered by the Canadian Human Rights Tribunal (CHRT). The CHRC operates as a gatekeeper in determining which legal challenges are granted access to the CHRT for consideration.
The CHRC denied Givogue's request for a hearing before the CHRT. He told Rebel News the CHRC took six weeks to respond to his request and provided no explanation for its refusal to grant him access to the CHRT.
“I was working from home, and I was no threat to anybody regarding if I am vaccinated or if I'm not vaccinated,” Givogue told the judge in regards to his employer's stated rationale for demanding his compliance with its vaccination requirement for employees.
Givogue, who legally represented himself, also argued that the federal government's “framework on mandatory COVID-19 testing” violates the Genetic Non-Discrimination Act via what it describes as its “accommodation measure for employees unable to be vaccinated.” According to the policy, federal government employees refusing to disclose their vaccination status must subject themselves to mandatory testing built upon COVID-19 PCR tests, which are designed to detect genetic material from the SARS-CoV-2 virus.
The Trudeau government's vaccination requirement also amounts to “discrimination under the basis of partial received disability,” Givogue argued.
“I never argued that I was disabled,” he stated. “My argument was around the fact that … I might be perceived as having a disease, because they're looking at us as walking hazards.”
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He added, “If my employer assumes and believes that I'm not fully vaccinated … is it unreasonable for me to think that [it also views me as a] potential health hazard?”
Givogue said the federal government's perception of him as “a walking health hazard” due to its assumption of him as “not fully vaccinated” is “discrimination under the basis of partial received disability.”
Daniel Freiheit, a lawyer and brother of David Freiheit — a popular vlogger known as Viva Frei — joined Givogue as a “friend of the court”, a legal term referring to an impartial advisor assisting the court in a hearing to represent a position or interest.
The federal government's lawyer, representing the Attorney General of Canada on behalf of the Department of Fisheries and Oceans Canada, asked the judge to dismiss Givogue's request and impose court costs upon him.
The judge concluded by predicting her rendering of a decision in approximately four to eight weeks.
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