A man who filed a human rights complaint against Costco, claiming he has a medical exemption to B.C.'s mask rules, has been told he'll have to prove it first.
Robert Jackson is alleging that Costco Wholesale Ltd. discriminated against him in the area of services on the basis of his physical disability, documents from the B.C. Human Rights Tribunal issued last week read.
The respondents in the case asked for it to be dismissed, or for Jackson to have to disclose proof that he has a physical disability that would exempt him from wearing a face mask while shopping.
In his initial complaint, filed in November 2020, Jackson wrote only that "I am unable to wear a face mask," and references a doctor's note.
He gave no further details, the tribunal said.
He was asked to describe how the harm he suffered related to his disability, and in response, wrote, "I was being forced to either wear a face mask or a plastic full-face shield if I wanted to shop for food and/or other items on saleā¦I was denied entry to the store. Demanding someone to ignore their Charter Rights to freedom of thought, belief and opinion is humiliating and dehumanizing at the least."
He also referenced "the applicable privacy laws," the tribunal said, quoting from his complaint.
According to the HRT, the tribunal and those representing Costco asked to see the doctor's note, but Jackson refused. He argued in a response that his medical information is "strictly private" and that by asking, the respondents are "challenging Prime Minister Trudeau, Federal and Provincial Ministries of Health, the Attorney General both federally and provincially,ā¦ and Dr. Bonnie Henry."
He then filed a third form, again refusing to disclose the doctor's note he claims to have. The respondents again applied to have the complaint dismissed, or to prove the complainant has a disability.
"The only evidence to date is his reference to the doctor's note. Thus, the doctor's note is not only relevant but central to the determination of whether there was discrimination," the tribunal wrote in a summary of the argument from Costco's representative.
The complainant, on the other hand, says his medical records are, the tribunal quoted, "100 per cent guaranteed to be strictly concealed and protected by privacy laws," and that he would show it to "the judge" in person.
What the tribunal decided, after reasoning that the complainant who is representing himself "indicates a misunderstanding of the law," was to give the complainant one more chance.
Jackson has a final opportunity to identify what his physical disability is, under the Human Rights Code, and explain why it kept him from wearing a mask or shield. He must also disclose documents relevant to his complaint, including the doctor's note.
This evidence needs to be disclosed before the hearing, not in person during the hearing, as Jackson proposed.
He's been ordered to file the required documents by Feb. 22, including a doctor's note dated July 14, 2020, as referenced in his complaint.
If he fails to meet the requirement, his case will be dismissed.
