4 March 2021
When a person cannot wear a mask for medical reasons, but still wants to access a service normally available to the public, the service provider has a duty to accommodate that person to the point of undue hardship. [...] This is because you will have to prove to the Tribunal that you have a disability, and that your disability prevented you from safely wearing a mask. [...] Q: How do I request an accommodation from a service provider? A: A good first step would be to notify a staff member that you have a disability that prevents you from wearing a mask, and you are therefore exempt from the mask requirement. [...] If you think you have been denied a service contrary to the BC Human Rights Code, you may choose to file a complaint with the BC Human Rights Tribunal. [...] Q: What will I need to do to prove that I was discriminated against? A: To prove your case, you will need to convince the Tribunal that you have a disability covered by the Code (a “protected characteristic”), that you suffered some negative impact because of the service provider’s actions (“adverse impact”), and that the adverse impact is connected in some way to your disability (“nexus”).