Mask Exemption Instructions
The latest “urgent” legal information document Stand Up Canada has prepared from information from a paralegal and a paralegal student.
Use this information to help support yourself when dealing with businesses such as Costco and the non-compliance policy to not let anyone into their stores without a mask.
DENIAL OF SERVICE PUBLIC SPACES FOR NON-MASK WEARING PEOPLE
This legal information was provided to Stand Up Canada by Jane Scharf Paralegal and Carly Benjamin Paralegal in Training
DOWNLOAD latest Ontario Regulation 364/20 (mask requirement bylaw); PRINT and bring it with you if you cannot locate it on your phone; if you cannot do either not to worry, the relevant sections are quoted here below
DOWNLOAD the Police Statement of Principles section 1. (2) Police Service Act also relevant sections are quoted below
If you are being denied service – STAY CALM take a few deep breaths to maintain your composure; you will not be able to defend yourself if you are upset; DO NOT argue, REMAIN CALM and take calm action whenever you are ready
VIDEO or audio tape everything and permission is not legally required.
In the event that a store advises you that you must wear a mask, you need to ADVISE them right away that you are exempt
If they ask what is your exemption, you TELL them you do not have to tell them what your exemption is according to the mask requirement bylawSection 2 (6): it is not necessary for a person to present evidence to the person responsible for a business or place that they are entitled to any of the exceptions set out in subsection 2(4)
Mask requirement bylaws section 2(4) General Compliance, section 2(4) Exemptions:
(g) has a medical condition that inhibits their ability to wear a mask or face covering;
(h) is unable to put on or remove their mask or face covering without the assistance of another person;
(i) is being accommodated in accordance with the Accessibility for Ontarians with Disabilities Act, 2005;
(j) is being reasonably accommodated in accordance with the Human Rights Code; (note: this is found under Section 1, Services)
Section 1 of the Human Rights Code: Services
1. Every person has a right to equal treatment with respect to services, goods and facilities, without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status or disability.
DEFINITION OF CREED FROM THE HUMAN RIGHTS COMMISSION
Under the Ontario Human Rights Code, discrimination because of creed is against the law. Everyone should have access to the same opportunities and benefits, and be treated with equal dignity and respect, regardless of their creed.
The Code does not define creed, but the courts and tribunals have often referred to religious beliefs and practices. Creed may also include non-religious belief systems that, like religion, substantially influence a person’s identity, worldview and way of life. People who follow a creed, and people who do not, have the right to live in a society that respects pluralism and human rights and the right to follow different creeds.
If police are called: REMIND the Police Officer of their obligation under Declaration of Principles:
Section 1 (2) of the Police Service Act :
The importance of safeguarding the fundamental rights guaranteed by the Canadian Charter of Rights and Freedoms and the Human Rights Code.
If police charge you with trespassing they are assisting the store in discriminating against you and in which there is an official COMPLAINT PROCESS to file a grievance against the police for not respecting your rights to accommodation under the Human Rights Code contrary to their legal obligations to respect the provisions of the Human Rights Code
If the store offers to ACCOMMODATE you, ACCEPT their accommodation providing that you are able to get proper access to your goods or services without great inconvenience or time spent or extra cost
If the store or Police threaten to charge you with TRESPASSING – tell the police they would be DISCRIMINATING against you under Section 1 of the HUMAN RIGHTS CODE
If you are charged with trespassing or removed from the store – ADVISE the store owner and the Police that you will immediately FILE a human rights complaint for the store and a human rights complaint against Police as well as a professional standards complaint
NOTE KEEPING: Record the time and location, name and address of the store and names of the staff, and police names and badge numbers if Police are called. If you get a ticket for trespassing, you have a defence in that the ticket was in violation of your rights
WRITE down everything as soon as you can to DOCUMENT what happened