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
'A beautiful soul': Funeral held for baby boy killed in wrong-way crash on Highway 401
A funeral was held on Wednesday for a three-month-old boy who died after being involved in a wrong-way crash on Highway 401 in Whitby last week.
'Sophisticated' cyberattacks detected on B.C. government networks, premier says
There has been a "sophisticated" cybersecurity breach detected on B.C. government networks, Premier David Eby confirmed Wednesday evening.
Police handcuff man trying to enter Drake's Toronto mansion
Toronto police say a man was taken into custody outside Drake's Bridle Path mansion Wednesday afternoon after he tried to gain access to the residence.
Biden says he will stop sending bombs and artillery shells to Israel if they launch major invasion of Rafah
U.S. President Joe Biden said for the first time Wednesday he would halt shipments of American weapons to Israel, which he acknowledged have been used to kill civilians in Gaza, if Prime Minister Benjamin Netanyahu orders a major invasion of the city of Rafah.
Canucks claw out 5-4 comeback win over Oilers in Game 1
Dakota Joshua had a goal and two assists and the Vancouver Canucks scored three third-period goals to claw out a 5-4 comeback victory over the Edmonton Oilers in Game 1 of their second-round playoff series Wednesday.
Nijjar murder suspect says he had Canadian study permit in immigration firm's video
One of the Indian nationals accused of murdering British Columbia Sikh activist Hardeep Singh Nijjar says in a social media video that he received a Canadian study permit with the help of an Indian immigration consultancy.
Pfizer agrees to settle more than 10K lawsuits over Zantac cancer risk: Bloomberg News
Pfizer has agreed to settle more than 10,000 lawsuits about cancer risks related to the now discontinued heartburn drug Zantac, Bloomberg News reported on Wednesday, citing people familiar with the deal.
Quebec premier defends new museum on Quebecois nation after Indigenous criticism
Quebec Premier Francois Legault is defending his comments about a new history museum after he was accused by a prominent First Nations group of trying to erase their history.
U.S. presidential candidate RFK Jr. had a brain worm, has recovered, campaign says
Independent U.S. presidential candidate Robert F. Kennedy Jr. had a parasite in his brain more than a decade ago, but has fully recovered, his campaign said, after the New York Times reported about the ailment.