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Apr 1, 2021 7:18 PM -

Human Rights Code can't protect anti-maskers making unproven claims: tribunal

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Masked shoppers crowd the aisles at a Costco in Burnaby, B.C, Sunday, December, 13, 2020. A decision by the British Columbia Human Rights Tribunal says anyone denied service for refusing to wear a mask must be ready to prove they have a disability if they intend to file a human rights complaint. THE CANADIAN PRESS/Jonathan Hayward

A decision by the British Columbia Human Rights Tribunal says anyone denied service for refusing to wear a mask must be ready to prove they have a disability if they intend to file a complaint.

The warning is contained in a screening decision published Wednesday as tribunal member Steven Adamson addresses what he describes as a large volume of complaints alleging discrimination related to mask requirements.

Screening decisions are among the first steps in a tribunal investigation and are rarely released, but Adamson says he's publishing his findings because there have been many similar complaints since last October.

In his decision, Adamson rejects that an unnamed customer's human rights were violated when a security guard asked her to leave an unnamed store for refusing to wear a mask.

The ruling says the woman claimed the mask order is "pointless" and masks make breathing difficult and cause anxiety, but she would not explain any physical disability that might prevent use of a mask.

In tossing out the complaint, Adamson says although the woman has reported an ``adverse impact'' regarding service in the store, she hasn't offered any facts about a physical or mental condition.

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