After receiving a large volume of complaints B.C. Human Rights Tribunal has set the record straight about the rights of people who refuse to wear masks.
People who report being told to wear a mask as discrimination must be ready to verify the disability that prevents them from doing so.
Tribunal member Steven Adamson wrote in a screening decision Wednesday, B.C.香蕉视频直播檚 Human Rights Code 香蕉视频直播渙nly protects people from discrimination based on certain personal characteristics.香蕉视频直播
He said it doesn香蕉视频直播檛 apply to those who refuse to wear a mask 香蕉视频直播渂ecause they believe wearing a mask is 香蕉视频直播榩ointless香蕉视频直播 or because they disagree that wearing masks helps to protect the public during the pandemic.香蕉视频直播
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This, in response to a grocery store customer who filed a human rights complaint after a security guard asked her to wear a mask on Sept. 28.
At the time, the province香蕉视频直播檚 mask mandate was not yet in effect.
The woman refused to disclose why she would not wear a mask, other than claiming they cause 香蕉视频直播渂reathing difficulties香蕉视频直播 and 香蕉视频直播渁nxiety.香蕉视频直播
The grocery store stood firm on its mask-wearing policy. The woman left the store, alleging she heard employees call the measure a 香蕉视频直播渉oax.香蕉视频直播
Adamson has dismissed the complaint.
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Since the onset of the COVID-19 pandemic, he said the tribunal has received 香蕉视频直播渁 large number香蕉视频直播 of mask-wearing complaints.
B.C.香蕉视频直播檚 Office of the Human Rights Commissioner advises, 香蕉视频直播渋f a person claims a mask exception, take them at their word. Proof should not be required.香蕉视频直播
However, filing a human rights complaint is a different matter, Adamson said. It requires evidence.
香蕉视频直播淎ny claim of disability discrimination arising from a requirement to wear a mask must begin by establishing that the complainant has a disability that interferes with their ability to wear the mask.香蕉视频直播
The tribunal has not yet defined the scope of medical information a customer should be required to reveal in order to be exempt from wearing a mask.
Adamson said a future ruling will likely provide more clarification on that matter.
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sarah.grochowski@bpdigital.ca
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