HUMAN RIGHTS | Disabilities, Accommodation and Mask Rules: Human Rights Commission weighs in.

• Date: 01 May 2021
• Author: Panos, Linda Mckay
• Published date: 01 May 2021
• Author: Panos, Linda Mckay

The British Columbia Human Rights Tribunal released a screening decision about a customer's complaint of having to wear a mask in a store.

Recently, the British Columbia Human Rights Tribunal declined to accept a complaint in a case called The Customer v The Store, 2021 BCHRT 39 (The Customer). Since November of 2020, due to COVID-19, masks have been mandatory indoors in B.C. Before that, many businesses followed recommendations to make face coverings mandatory. Most recently, under Ministerial Orders passed under the authority of the Emergency Program Act, a visitor to an indoor public space must wear a face covering. There are exemptions to the rule. These include where a person is unable to wear a face covering because of a "psychological, behavioural or health condition" or "a physical, cognitive or mental impairment" (see s. 4 of the Order).

"The Customer" went into a grocery store without a mask. A security guard stopped her and asked her to wear a mask. She said she was exempt. When asked to provide a reason why she was exempt, she refused to provide many details...