Manitoba Filing a Human Rights Complaint
If you have been denied service due to not wearing a mask, business owners could be held liable for a fine (up to $75,000 as it varies in each province) if you file a human rights complaint.
A business is not “private”. When a business owner obtains a business license, they are open to the “public” and they are not permitted to discriminate against anyone who is exempt from wearing a mask.
Federal Privacy Act: Nobody has the right to request to see an exemption. It is a violation of your privacy rights under the Privacy Act. This is your personal medical information between you and your physician.
What is personal information under the Privacy Act? Click Here Privacy Act
“The Privacy Act offers protections for personal information, which it defines as any recorded information “about an identifiable individual.”
20(3) Subsections (1) and (2) do not apply in respect of the following:
(a) a child who is under five years of age;
(b) a person with a medical condition that is unrelated to COVID-19, including breathing or cognitive difficulties, or a disability, that prevents them from safely wearing a mask;
(c) a person who is unable to put on or remove a mask without the assistance of another person;
Covid-19 measures must comply with our Constitution, including our Charter, they do not nullify nor supersede them, nor is there any express mention in any such law, statute, regulation, order or Guidance to do so.
The Manitoba Human rights code C.C.S.M. c. H175 The Human Rights Code
WHEREAS Manitobans recognize the individual worth and dignity of every member of the human family, and this principle underlies the Universal Declaration of Human Rights, the Canadian Charter of Rights and Freedoms, and other solemn undertakings, international and domestic, that Canadians honour;
AND WHEREAS Manitobans recognize that
(a) implicit in the above principle is the right of all individuals to be treated in all matters solely on the basis of their personal merits, and to be accorded equality of opportunity with all other individuals;
(b) to protect this right it is necessary to restrict unreasonable discrimination against individuals, including discrimination based on stereotypes or generalizations about groups with whom they are or are thought to be associated, and to ensure that reasonable accommodation is made for those with special needs;
(c) in view of the fact that past discrimination against certain groups has resulted in serious disadvantage to members of those groups, and therefore it is important to provide for affirmative action programs and other special programs designed to overcome this historic disadvantage;
(d) much discrimination is rooted in ignorance and education is essential to its eradication, and therefore it is important that human rights educational programs assist Manitobans to understand all their fundamental rights and freedoms, as well as their corresponding duties and responsibilities to others; and
(e) these various protections for the human rights of Manitobans are of such fundamental importance that they merit paramount status over all other laws of the province;
WHEREAS health information is personal and sensitive and its confidentiality must be protected so that individuals are not afraid to seek health care or to disclose sensitive information to health professionals;
2 (c) to establish rules governing the collection, use, disclosure, retention and destruction of personal health information in a manner that recognizes
(i) the right of individuals to privacy of their personal health information,
DIVISION 2.1 CONSENT RE PERSONAL HEALTH INFORMATION
Elements of consent
When this Act requires an individual’s consent for the use or disclosure of personal health information, the consent must
(a) relate to the purpose for which the information is used or disclosed;
(b) be knowledgeable;
(c) be voluntary; and
(d) not be obtained through misrepresentation.
Who Can Help?
Regarding human rights or help filling out your complaint form contact:
Free general legal advice:
Legal Aid Manitoba
Legal Aid Manitoba operates a drop-in program which provides legal information, general advice and some basic assistance. Lawyers or supervised paralegals provide free consultations. Everyone is welcome to make use of this service—there are no financial eligibility criteria. Financial eligibility criteria do apply for legal representation.
Brandon Area Office – Brandon
Phone: (204) 729-3492
Northern Area Office – The Pas
Phone: (204) 627-4837
Northern Area Office – Thompson
Phone: (204) 677-1224
Parklands Area Office – Dauphin
Phone: (204) 622-4666
Disclaimer: This information is not intended to be used as legal or health advice. We encourage you to do your own research.
ALL RIGHTS RESERVED ACTION4CANADA INC.