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
Several flight attendants from Pakistan have gone missing after landing in Canada
Multiple flight attendants from Pakistan International Airlines have abandoned their jobs and are believed to have sought asylum in Canada in the past year and a half, a spokesperson for the government-owned airline says.
BREAKING Ottawa public school board, 3 Toronto-area school boards launch lawsuit against social media giants
The Ottawa-Carleton District School Board and three school boards in the Toronto-area have launched legal action against social media giants, accusing them of "disrupting students' fundamental right to education."
Rainfall warnings of up to 90 mm among weather alerts in effect for 7 provinces
Rainfall warnings of up to 90 millimetres, air quality advisories and other alerts have been issued for seven Canadian provinces, according to the latest forecasts.
Tipping is off the table at this Toronto restaurant
A Toronto restaurant introduced a surprising new rule that reduced the cost of a meal and raised the salaries of staff.
A Nigerian woman reviewed some tomato puree online. Now she faces jail
A Nigerian woman who wrote an online review of a can of tomato puree is facing imprisonment after its manufacturer accused her of making a “malicious allegation” that damaged its business.
Donald Trump assails judge and his daughter after gag order in N.Y. hush-money criminal case
Donald Trump lashed out Wednesday at the New York judge who put him under a gag order that bars him from commenting publicly about witnesses, prosecutors, court staff and jurors in his upcoming hush-money criminal trial.
A fight to protect the dignity of Michelangelo's David raises questions about freedom of expression
Michelangelo's David has been a towering figure in Italian culture since its completion in 1504. But in the current era of the quick buck, curators worry the marble statue's religious and political significance is being diminished.
Doctors visiting a Gaza hospital are stunned by the war's toll on Palestinian children
An international team of doctors visiting a hospital in central Gaza was prepared for the worst. But the gruesome impact Israel’s war against Hamas is having on Palestinian children still left them stunned.
China's latest EV is a 'connected' car from smart phone and electronics maker Xiaomi
Xiaomi, a well-known maker of smart consumer electronics in China, is joining the country's booming but crowded market for electric cars.