By Faith In Canada

Former school custodian Robert Milton has filed a judicial review against four public institutions, alleging violations of Charter rights, genetic non-discrimination laws, and due process during New Brunswick’s COVID-19 mandate period.

In Milton’s case, filed on June 2, 2025, the respondents are the Province of New Brunswick, Anglophone East School District, CUPE Local 1253, and the New Brunswick Human Rights Commission. At its core, the challenge contests the legality of placing him on unpaid leave due to his refusal to receive a COVID-19 vaccine.

Central to Milton’s argument is Bill S-201, the Genetic Non-Discrimination Act, which prohibits mandatory disclosure of genetic information and penalizes employment discrimination based on genetic characteristics.

“The vaccine instructs your body to manufacture spike proteins; this is genetic manipulation,” he says. “Under Bill S-201, I have the right to refuse.”

Though his termination was later ruled unjust, the arbitrator converted five months of his dismissal into unpaid leave, which Milton calls “illegal and unscientific.” He also argues that the arbitrator disregarded the legal significance of Bill S-201, despite it being accepted as evidence. 

Milton accuses CUPE 1253 of failing in its duty of fair representation by refusing to present key evidence and abandoning the case before seeking judicial review. “They said they were 100% finished with me,” he states. “They never brought up the genetic issue or my witness.” 

Milton also criticizes the New Brunswick Human Rights Commission for dismissing his complaint of religious discrimination without conducting a full investigation. “They never even asked for the documents proving I raised my exemption,” Milton says. He is not seeking damages from the Commission, but wants the Court to order a proper review. Acting as a self-represented litigant, Milton compiled a comprehensive Book of Authorities citing Charter rulings, arbitration cases, and legal protections for both genetic integrity and procedural fairness. 

The file begins with Ephesians 6:12, which he interprets as describing a battle against institutional policy overreach. “I’m not doing this out of anger,” Milton says. “I’m doing it so the truth goes on the public record-for every worker who was punished without cause.”

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