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
Grandparent scam: London, Ont., senior beats fraudsters not once, but twice
It was a typical Tuesday for Mabel Beharrell, 84, until she got the call that would turn her world upside down. Her teenaged grandson was in trouble and needed her help.
Deaths of 4 people on Sask. farm confirmed as murder-suicide
The deaths of four people on a farm near the Saskatchewan village of Neudorf have been confirmed a murder-suicide.
CRA no longer requiring 'bare trust' reporting in 2023 tax return
The Canada Revenue Agency announced Thursday it will not require 'bare trust' reporting from Canadians that it introduced for the 2024 tax season, just four days before the April 2 deadline.
Full parole granted to man convicted in notorious 'McDonald's murders' in Cape Breton
The Parole Board of Canada has granted full parole to one of three men convicted in the brutal murders of three McDonald's restaurant workers in Cape Breton more than 30 years ago.
Incident on Calgary's Reconciliation Bridge comes to safe resolution
Nearly 20 hours after a man climbed and remained perched on top of the Reconciliation Bridge in downtown Calgary, the situation came to a peaceful resolution.
Sunshine list: These were the Ontario public sector's highest earners in 2023
Ontario released its annual sunshine list Thursday afternoon, noting that the largest year-over-year increases were in hospitals, municipalities, and post-secondary sectors.
George Washington family secrets revealed by DNA from unmarked 19th century graves
Genetic analysis has shed light on a long-standing mystery surrounding the fates of U.S. President George Washington's younger brother Samuel and his kin.
'We won't forget': How some Muslims view Poilievre's stance on Israel-Hamas war
A spokesman for a regional Muslim advocacy group says Conservative Leader Pierre Poilievre's stance on the Israel-Hamas war could complicate his party's relationship with Muslim Canadians.
Why some Christians are angry about Trump's 'God Bless the USA' Bible
Former U.S. President Donald Trump is officially selling a copy of the Bible themed to Lee Greenwood’s famous song, 'God Bless the USA.' But the concept of a Bible covered in the American flag has raised concern among religious circles.