9 December 2020
To establish a bona fide and reasonable justification the service provider must be able to demonstrate that: (1) it adopted the standard for a purpose or goal that is rationally connected to the function being performed; (2) it adopted the standard in good faith, in the belief that it is necessary for the fulfillment of the purpose or goal; and (3) the standard is reasonably necessary to accomplis. [...] The onus would fall to the RMT providing the service to demonstrate that the discriminatory policy, being the requirement that all members of the public wear a mask for the duration of the treatment, has a bona fide and reasonable justification. [...] The RMT would be required to demonstrate that the purpose of the policy requiring masks during treatment is rationally connected to the treatment to be provided, has been adopted in good faith, and is reasonably necessary to achieve the purpose of the policy. [...] Effectively, the RMT would be required to demonstrate that the standard of wearing masks throughout treatment to achieve the purpose or goal of preserving the health and safety of patients is rationally connected to the function being performed, being the provision of RMT health care services. [...] If the RMT determines in good faith, and after considering the reasonable accommodations that may be made to protect the individual patient, that the risks to the health and well-being of the individual patient outweigh the benefits, the RMT may determine to postpone the relevant treatment until it is safe to proceed.