Yukon – Filing 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.”
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.
As per Hon. John Streicker announced in the M.O. 2020/71 CIVIL EMERGENCY MEASURES ACT the following are mask exemptions:
4 Section 3 does not apply as follows:
(a)to an individual who is less than five years of age;
(b) to an individual who is unable to wear a mask because of a psychological or health condition;
(c) to an individual who, as a result of a cognitive impairment, intellectual disability or severe mental condition, is not able to understand the requirement to wear a mask;
(d) to an individual who is unable to put on or remove a mask without the assistance of another individual, except where an adult is required to ensure the individual wears a mask under subsection 3(2);
(e) if the mask is removed temporarily for the purpose of identifying the individual wearing it;
(f) subject to any notices or practice directions issued by the court, while inside a courtroom
(g) while inside a portion of a building or structure referred to paragraph 2(a), including, but not limited to, a work area, that is not open to members of the public;
(h) while seated at a location in an indoor public space designated as a place for consuming food or drink in the indoor public space by the operator;
(i) while participating in a sport, fitness or dance activity at a sport, fitness or dance facility;
(j) while providing or receiving a personal service, or a service at a health care provider’s office, if removing the mask is necessary in order to provide or receive the service;
(k) to an individual while speaking at a television or other media news interview or conference.
Discrimination, for the purposes of the Yukon Human Rights Act, occurs when a person or group is treated unfavourably because of a protected personal characteristic. The Act lists all the personal characteristics that are protected from discrimination, which are referred to as protected grounds. Some listed below;
- Political belief, political association, or political activity
- Religion or Creed, or religious belief, religious association, or religious activity
- Physical or mental disability
Everyone has the right to be free from discrimination based on any of these grounds, so long as the treatment in question happened in an area protected by the Yukon Human Rights Act. The areas are:
- Services, goods, and facilities
- Membership in in a union or occupational, trade, or professional association
In order for a Complainant to successfully claim that they have been discriminated against, they will need to establish that their protected characteristic was a factor in why they were treated unfavourably. Although the individual or organization named in a complaint does not need to intend to discriminate against a Complainant, the Complainant will be unable to establish their claim if they are unable to prove a sufficient link between the unfavourable treatment and their protected characteristic.
(It’s a good idea to record all information (when, where and who) on video or voice recording, and if possible, have a witness with you)
BILL OF RIGHTS
Right to freedom of religion and of conscience
3 Every individual and every group shall, in accordance with the law, enjoy the right to freedom of religion, conscience, opinion, and belief. S.Y. 2002, c.116, s.3
9 No person shall discriminate
(a) when offering or providing services, goods, or facilities to the public;
12 Any conduct that results in discrimination is discrimination. S.Y. 2002, c.116, s.12
14(1) No person shall
(a) harass any individual or group by reference to a prohibited ground of discrimination;
(b) retaliate or threaten to retaliate against an individual who objects to the harassment.
Who Can Help?
Yukon Human Rights Commission
Although anyone is free to file a complaint with the Commission at any time, the Yukon Human Rights Commission will only accept a complaint for investigation if an individual alleges discrimination on the basis of a protected characteristic (i.e. disability or religion) and was not accommodated. The Yukon Human Rights Commission does not have jurisdiction to accept a complaint for investigation if the refusal to wear a mask is due to a personal preference, as that circumstance does not involve a protected characteristic.
Free General Legal Advice
LUKE FOUGHT LAWYER – CIVIL AND CRIMINAL LITIGIATION
301-303 Alexander Street
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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