Supreme Court Declines to Hear the Legal Question on Genetic Rights

My case continues on one ground instead of two

Decision

Before yesterday (on May 15, 2025), the Supreme Court of Canada (SCC) released its decision. My application for leave to appeal (LTA) was dismissed with costs, meaning the Court has chosen not to hear the legal question I raised about the meaning of "genetic characteristics" under the Canadian Human Rights Act (CHRA).

You can view the decision announcement here:

🔗  SCC News Release (May 15, 2025)

It’s Not the End

Although this is deeply disappointing, it is not the end of my case!

In fact, I won my argument at the Federal Court of Appeal (FCA) on the ground of perceived disability discrimination, and that part of my case continues before the Canadian Human Rights Commission (CHRC) for redetermination based on the FCA’s guidance. The CHRC had put that process on hold while we awaited the Supreme Court’s decision. Now that the leave application has been dismissed, we expect the proceedings to resume, and I will continue to press forward.

What Does This Decision Mean?

What the Supreme Court declined to hear was a distinct legal question I had raised; one that affects all Canadians:

What exactly does “genetic characteristics” mean and protect under the Canadian Human Rights Act (CHRA), especially in the context of emerging medical technologies like mRNA?

My LTA (leave to appeal) wasn’t about the facts of my case but about asking the Supreme Court to clarify what Parliament meant when it added “genetic characteristics” as a protected ground in the CHRA. The lower courts reviewed it under a “reasonableness” standard but never addressed the underlying question of law. That’s what I was asking the Supreme Court to clarify and adjudicate.

Despite the growing importance of this issue, the Supreme Court has chosen not to engage with it at this time. My lawyers believe, and I agree, that this reflects a broader reluctance to take on pandemic-era legal questions right now. By dismissing the application for leave, the Court isn’t saying my argument lacks merit. They’re simply saying they don’t wish to weigh in regarding these issues at this stage. Unfortunately, that clarification will have to wait.

It’s a sad decision because that clarity is still missing. The CHRC rejected my complaint regarding genetic characteristics without sending it to the Tribunal. In judicial review, the Federal Court and the Federal Court of Appeal declined to weigh in on that specific issue, and now, the Supreme Court has declined to hear it too. The legal question still remains a hot potato, important enough to raise, but apparently not yet ready to be answered.

No Regrets!

While I’m disappointed, I have no regrets. I took a stand, and I did everything in my power to bring this important question forward to the highest court in our country following each steps of the law. I fought for the right to have my arguments heard and carried this issue as far as I possibly could; not just for myself, but for the millions of Canadians who were forced to disclose personal health information, undergo PCR testing, or take mRNA-based vaccines, and who were punished if they didn’t. I did it for everyone who was treated differently for refusing to carry genetic instructions in their body, a form of modern genetic discrimination the law should have addressed head-on. All that together is something to be proud of.

If you want to understand more about what led me to this point, for a deeper look at my case, and why I took this issue to the Supreme Court, you can read the full background here:
🔗 Leave to Appeal Filed with the Supreme Court of Canada

Conclusion

As my legal team noted, these issues remain, and one day the courts will have to confront them.

For now, my case continues on the ground of perceived disability. The Canadian Human Rights Commission had stayed (placed on hold) that portion pending the Supreme Court’s decision, and now that this chapter has closed, I expect it to resume shortly.

How You Can Help

📢 How You Can Help

If you believe in what I’m doing and want to help, here are two simple but powerful things you can do:

1. 🔁 Share this post. Get the word out to help spread awareness.

1. 💸 Support my legal fund. Donations to my fundraiser helps offset the growing costs of this legal process so I can keep going. Every bit helps. Donate here
   👉 www.GiveSendGo.com/AndreFightsBack

Thank you

Thank you to everyone who supported me, encouraged me, or shared this story along the way. The question of genetic characteristics deserves an answer and while it wasn’t heard this time, it’s not the end. I believe the conversation has only just begun and the path forward continues.

– André
AndreFightsBack.com