B.C. human rights complaint alleging shopper was 'yelled at' for not wearing mask at Loblaws store dismissed
A human rights complaint against Loblaws alleging discrimination against a man who wasn't wearing a face mask has been dismissed by a B.C. tribunal.
Martin May, the complainant, claims he was discriminated against based on a physical disability when he wasn't allowed into a store because he wasn't wearing a face mask.
According to a decision posted late last week, the incident happened in October 2020. While B.C. hadn't mandated masks in public spaces yet, the province was in a state of emergency because of COVID-19 and Loblaws had implemented its own policy of requiring masks for in-store shopping.
The company said it accommodates people with physical disabilities. May said in his complaint he has "COPD," which tribunal member Emily Ohler said she interpreted as chronic obstructive pulmonary disease. COPD is a lung disease that makes it difficult to breathe, and May said it prevented him from wearing a mask.
The tribunal heard that when May went to the store, he was "yelled at 'in front of crowds' to wear a mask."
However, in filing to have the complaint dismissed, Loblaws said May didn't provide evidence that he told store staff he has a medical condition preventing from wearing a mask. The company also claimed May didn't prove it was a store employee who yelled at him.
In her decision, Ohler wrote she didn't have enough information from May explaining how he experienced an adverse impact that day.
"He has not explained how he was prevented from accessing the store, or who it was that yelled at him," her decision said, adding that he didn't give "evidence to show that his disability prevents him from wearing a mask."
"Mr. May has not brought his complaint beyond the realm of speculation and conjecture," Ohler wrote, dismissing May's complaint.
It's not the first time Ohler has dealt with a human rights complaint focused on local mask rules. In November, a complaint against Lululemon Athletica was dismissed, with Ohler saying employees at the store offered a shopper who refused to wear a mask other options for buying her merchandise.
A similar human rights complaint decision was published the week before that, after a person at a pet food store was denied entry for not wearing a mask. In that situation, Ohler also determined the shopper was offered adequate accommodation.
"If a complainant establishes that they experienced a disability‐related adverse impact – such as not being able to wear a mask and being barred from entering premises as a result – this does not then entitle the complainant to simply do what they please," Ohler wrote in the November decision.
"Rather, it requires the respondent to reasonably accommodate the complainant to try to mitigate that barrier."
CTVNews.ca Top Stories
Solar storm puts on brilliant light show across the globe, but no serious problems reported
A powerful solar storm put on an amazing skyward light show across the globe overnight but has caused what appeared to be only minor disruptions to the electric power grid, communications and satellite positioning systems.
Montreal man facing charges following contraband drone drop at Millhaven: OPP
The Ontario Provincial Police (OPP) says a 40-year-old man from Montreal is facing charges following a suspected drone drop of unauthorized items at the Millhaven Institution.
'My family doctor just fired me': Ontario patients frustrated with de-rostering
Dozens of Ontarians are expressing frustration in the province’s health-care system after their family doctors either dropped them as patients or threatened to after they sought urgent care elsewhere.
Potentially toxic chemicals hide in our drinking water and countless household objects, and they're not going anywhere
For decades, North Bay, Ontario's water supply has harboured chemicals associated with liver and developmental issues, cancer and complications with pregnancy. It's far from the only city with that problem.
'It was violent': Police tear down U of A pro-Palestinian encampment Saturday morning
Multiple people at the protest camp torn down at the University of Alberta campus Saturday say police's actions against protesters were "violent" and "disproportionate."
Canada Post cracks down on Nunavut loophole to get free Amazon Prime shipping
Amazon's paid subscription service provides free delivery for online shopping across Canada except for remote locations, the company said in an email. While customers in Iqaluit qualify for the offer, all other communities in Nunavut are excluded.
Nigeria's fashion and dancing styles in the spotlight as Harry, Meghan visit its largest city
Nigeria's fashion and traditional dances were at full display on Sunday as Prince Harry and Meghan arrived in its largest city, Lagos, as part of their three-day visit to the country to promote mental health for soldiers and empower young people.
'I am angry': Alberta farmers will continue fight over world class motorsport resort
The rolling hills leading to the hamlet of Rosebud are dotted with sprawling farms and cattle pastures -- and a sign sporting a simple message: No Race Track.
WATCH Dashcam video shows terrifying near-miss on two-lane northern Ontario highway
There were some scary moments for several people on a northern Ontario highway caught on video Thursday after a chain reaction following a truck fire.