Lessons from the BC Human Rights Tribunal
On August 24, 2020, as part of their COVID-19 pandemic response,
the Newfoundland and Labrador government enacted regulations
requiring individuals to wear non-medical face masks in most public
indoor spaces.
This has caused issue for some businesses who have had to deal
with consumers who claim they are exempt from the regulations due
to pre-existing medical conditions, including those who suggest
that requiring them to wear a mask would be illegal discrimination
in contravention of the province'sHuman Rights
Act.
While this has not yet been adjudicated under Newfoundland and
Labrador's Human Rights Commission, a recent decision from
British Columbia's Human Rights Tribunal (
The Customer v. The Store, 2021 BCHRT 39 (CanLII)) has
illustrated how these discrimination claims may be handled within
the province.
