Saskatchewan Filing a Human Rights Complaint

Saskatchewan – Filing a Human Rights Complaint

Instructions, Resources and Help Lines

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.”

According to the Sask Public Health Order Face Coverings January 26, 2021 you are exempt for the following reasons:

 

  1. Face coverings are not required for the following persons:

(a) Persons aged 2 and under.

(b) Persons aged 3 to 12 who are not reasonably able to wear a face covering.

(c) Persons who, in the determination of a health professional, are unable to

wear a face covering due to a particular medical condition.

(d) Persons who, due to cognitive impairment, an intellectual disability, or a

severe mental health condition, are unable to understand the requirement.

(e) The following persons, while speaking during a television or other media

news interview or conference, but only when they can maintain a distance

of 3 meters from other persons:

i. Municipal, provincial, or federal government officials.

ii. Media broadcasters.

(f) Persons who are leading a service, ceremony, or other public event while

speaking from a podium, lectern, platform, stage, desk or other standing or

seating area dedicated to speaking, but only when the person can maintain a

distance of 3 meters from other persons.

(g) Persons playing a woodwind, brass, or other instrument operated by breath,

but only if they can maintain a distance of 3 meters from other persons (as

measured from the mouth or opening/bell end of the instrument, whichever

is closest) to another individual while playing.

4. Face coverings are not required in the following circumstances:

(a) Where the short-term removal of the face covering is necessary for the

purposes of identifying a person.

(b) Where it is necessary for a person to uncover their nose, mouth, or chin for

the purposes of receiving a health or personal service, for the duration of the

treatment or service only.

(c) While seated and consuming food or a beverage in a restaurant, food court

at a shopping centre or food store, bar, movie theatre or in any other

location where food or beverages are served.

(d) While participating in aquatic activities, for the duration of the activity only.

(e) While providing personal support services to a person with a disability if

wearing a face covering could hinder the ability of that person to receive the

service, such as hindering that person’s ability to lip read.

(f) While alone in an area of an enclosed setting to which members of the

public do not normally have access.

(g) In a courthouse or courtroom, where wearing a face covering poses a

security risk.

(h) In a proceeding before an administrative tribunal established by legislation

or a court, where the decision-maker determines that removing the face

covering is essential to ensure the integrity of the proceeding.

5. Face coverings are not required in the following enclosed settings:

a. The private resident areas of the settings mentioned in subsections 2(a),

2(b), 2(c), 2(d).

b. Hotel rooms, motel rooms, bedrooms and private bathrooms in a bed and

breakfast.

David M. Arnot, Chief Commissioner Saskatchewan Human Rights Commission (section 3(d)) announced as members of one human family, we must work together to address the stigmatization of, and the discrimination against, people with mental health issues. The Code advances the equality and dignity of all human people. So too must all citizens. We each have that responsibility.

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 Health Information Protection Act of Saskatchewan, SoS 1999 Chapter H-0.021, THAT personal health information is private and shall be delt with in a manner that respects the continuing interests of the individuals to whom it relates.

Sec. 5 (subject to s.2) an individual has the right to consent to the use or disclosure of personal health information about himself or herself.

Who Can Help?

Regarding human rights or help filling out your complaint form contact: SASKATCHEWAN HUMAN RIGHTS COMMISSION

306- 933-5952 or Toll Free 1-800-667-9249

Web: www.saskatchewanhumanrights.ca/

Email: [email protected]

Free general legal advice:

Pro Bono Law Saskatchewan (PBLS):

PBLS is a non-profit, non-government organization that provides free legal advice to low-income clients in Saskatchewan. PBLS operates and partners with 14 free legal clinics across Saskatchewan. PBLS tries to fill the gap of legal services between government funded legal aid and hiring a private lawyer.

306-569-3098 or 1-855-833-7257

Web: pblsask.ca

Email: [email protected]

The Public Legal Education Association of Saskatchewan (PLEA)

The Public Legal Education Association of Saskatchewan (PLEA) is a non-profit, non-government organization providing free legal information across a variety of platforms. We offer programs and services to the general public and school communities across Saskatchewan through dedicated websites, print resources, presentations and more.

Phone:306-653-1868

Office Hours: Monday- Friday 8:30-4:30 (Closed over the noon hour)

Web: www.plea.org

Email: [email protected]

CanLaw

Most Lawyers Offer Free Half Hour Consultations. Many Attorneys Accept Legal Aid

Need Legal Advice? Talk to a Saskatchewan lawyer now.  NO OBLIGATION NO CHARGE

There is no obligation to retain any of the lawyers who contact you when you use this free CanLaw service. You are in control at all times.

 

Web: canlaw.com

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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