Quebec – Filing a Human Rights Complaint
Instructions, Resources and Help lines
https://www.cdpdj.qc.ca/en/file-a-complaint/i-want-to/file-complaint-discrimination-or-harassment
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.”
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.
According to the Order in Council No. 810-2020 you are exempt for the following reasons
(1) is less than 12 years of age;
(2) states that the wearing of a face covering is not possible because of the person’s medical condition;
(3) is in the public place receiving care, being provided a service or engaging in a physical or other activity requiring the face covering be removed, in which case the person may remove the face covering for the duration of the care, service or activity;
(4) removes the face covering momentarily for identification purposes;
(5) works or practises his or her profession in the public place;
(6) is a member of the public or a student in a place referred to in the sixth paragraph in the operative part of Order in Council 689-2020 dated 25 June 2020, so long as the conditions set out in that paragraph are respected;
(7) is in a courtroom and is not covered by the preceding subparagraph, or is in a jury room;
(8) is consuming food or a beverage in a restaurant, in a food court at a shopping centre or food store, in a bar or in any other room used for the purposes of restaurant services or the consumption of beverages; or
(9) is seated in a place, excluding a place of worship, and complies with one of the following conditions:
(a) a distance of two metres is maintained between any other person who is neither an occupant of the same private residence or its equivalent nor a person providing a service or support; or
(b) the person is separated by a physical barrier able to limit contagion of any person who is neither an occupant of the same private residence or its equivalent nor a person providing a service or support;
Montréal, July 17 2020 – Since the government announced the obligation to wear masks in public places, the Commission des droits de la personne et des droits de la jeunesse has been asked about the possibility of filing a complaint to the Commission to challenge this obligation. The Commission wishes to point out that, under the Charter of Human Rights and Freedoms, its responsibility to investigate cases of prohibited discrimination or harassment related to one of the grounds listed in section 10 or a case of exploitation provided for in section 48 of the Charter.
Who can help?
Commission des droits de la personne et des droits de la jeunesse of Quebec
Have you experienced discrimination or harassment that prevented you from enjoying the same rights or services as others on the basis of one of the grounds prohibited by the Charter? We can help. For advice and help to file a Human Rights Complaint you can contact the Commission des droits de la personne et des droits de la jeunesse of Quebec
Web: www.cdpdj.qc.ca
Phone: 1-800-361-6477
Email: [email protected]
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Justice Pro Bono
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Web: justiceprobono.ca
Phone: 514-904-1076
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Legal aid is a government legal service offered to people who meet certain financial eligibility criteria and apply for the service. Legal aid is provided free of charge or with a contribution from the recipient. Every year, legal aid provides thousands of Québecers with access to justice and the means to defend their rights.
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Phone: 514-864-2111
Disclaimer: This information is not intended to be used as legal or health advice. We encourage you to do your own research.
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