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.鈥檚 Human Rights Code 鈥渙nly protects people from discrimination based on certain personal characteristics.鈥�
He said it doesn鈥檛 apply to those who refuse to wear a mask 鈥渂ecause they believe wearing a mask is 鈥榩ointless鈥� or because they disagree that wearing masks helps to protect the public during the pandemic.鈥�
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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鈥檚 mask mandate was not yet in effect.
The woman refused to disclose why she would not wear a mask, other than claiming they cause 鈥渂reathing difficulties鈥� and 鈥渁nxiety.鈥�
The grocery store stood firm on its mask-wearing policy. The woman left the store, alleging she heard employees call the measure a 鈥渉oax.鈥�
Adamson has dismissed the complaint.
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Since the onset of the COVID-19 pandemic, he said the tribunal has received 鈥渁 large number鈥� of mask-wearing complaints.
B.C.鈥檚 Office of the Human Rights Commissioner advises, 鈥渋f a person claims a mask exception, take them at their word. Proof should not be required.鈥�
However, filing a human rights complaint is a different matter, Adamson said. It requires evidence.
鈥淎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.鈥�
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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