ARTICLE · 22 APRIL 2021

Mandatory Mask Policies And Human Rights

Pallett Valo LLP

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The Human Rights Tribunal of Ontario (the "Tribunal") recently released a decision regarding a municipal by-law requiring businesses to implement mask policies during the COVID-19 pandemic.

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The Human Rights Tribunal of Ontario (the "Tribunal") recently released a decision regarding a municipal by-law requiring businesses to implement mask policies during the COVID-19 pandemic.

In Sharma v. Toronto (City), 2020 HRTO 949, the applicant brought an application against the City of Toronto (the "City"), alleging that the City had discriminated against him contrary to the Ontario Human Rights Code (the "Code") on the protected grounds of "creed" and "disability". The City had enacted By-Law 541-2020 (the "By-Law"), which required public-facing businesses to adopt a policy requiring members of the public to wear a face-covering while in an enclosed space. The applicant claimed that the City discriminated against him because he was denied service at several businesses due to the City's By-Law. The Tribunal dismissed the application following a summary hearing on the basis that there was no reasonable prospect it would succeed.

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