DON’T JUDGE OTHERS FOR NOT WEARING A MASK.

Kindness is important as some people may not be able to wear a mask or face
covering
Canadian Charter of Rights and Freedoms: https://www.justice.gc.ca/eng/csj-sjc/rfc-dlc/ccrf-ccdl/check

Privacy is constitutionally protected primarily under section 8 but it is generally understood that section 7 can
offer a residual protection.

A number of international instruments, which are binding on Canada, include provisions protecting aspects of the
right to privacy: article 17 of the International Covenant on Civil and Political Rights; article 16 of the Convention
on the Rights of the Child; article 22 of the Convention on the Rights of Persons with Disabilities; and article V, IX
and X of the American Declaration of the Rights and Duties of Man.

Purpose
Section 8 protects people, not places, against unjustified intrusions on their privacy interests

The values underlying the privacy interest protected by section 8 are dignity, integrity and autonomy. The
protection section 8 provides for privacy ― personal, territorial and informational — is essential not only to
human dignity, but also to the functioning of our democratic society.

The Supreme Court has suggested that the interests protected by section 8 may extend beyond those of
privacy ... at a minimum, section 8 protections may overlap with protections generally recognized under other
Charter rights.
The courts have defined “search” for section 8 purposes as any state activity that interferes with a reasonable
expectation of privacy. This can include looking for things that are tangible or intangible, such as spoken words
and electronic data.
A right to inspect documents as part of an administrative scheme set up by statute to regulate commercial and
industrial activity would likely constitute a search
A “seizure” for section 8 purposes is the “taking of a thing from a person by a public authority without that
person’s consent” This includes situations in which a person is required to produce a thing (including
information) pursuant to a state compulsion. The power to make copies of documents is analogous to a
requirement for production of documents and constitutes a seizure within section 8
The nature of the privacy interest does not depend on whether, in the particular case, privacy shelters legal or
illegal activity. The analysis turns on the privacy of the area or the thing being searched and the impact of the
search on its target, not the legal or illegal nature of the items sought .
The Supreme Court has identified three broad privacy interests protected by section 8: personal privacy,
territorial privacy and informational privacy

Personal privacy
Privacy of the person perhaps has the strongest claim to constitutional shelter

Territorial/spatial privacy
Territorial privacy has its origins in the notion that “the house of everyone is to him as his castle and
fortress” …

Informational privacy
In fostering the underlying values of dignity, integrity and autonomy, it is fitting that section 8 of the
Charter should seek to protect a biographical core of personal information which individuals in a free
and democratic society would wish to maintain and control from dissemination to the state. This would
include information which tends to reveal intimate details of the lifestyle and personal choices of the
individual (Plant at 293). Informational privacy has been defined as “the claim of individuals, groups,
or institutions to determine for themselves when, how, and to what extent information about them is
communicated to others” (Tessling at paragraph 23; see also Patrick, Gomboc, Cole, A.M.).

(i) Interaction between section 8 of the Charter and section 8 of the Privacy Act
The privacy protection offered by the Charter and the Privacy Act can overlap but differences in
purpose and scope between the two regimes exist and ought not to be overlooked. Compliance with one
regime does not remove the need for compliance with the other. Section 8 of the Charter may constrain
at least some of the various exceptional disclosures permitted under section 8(2) of the Privacy Act.
https://www.priv.gc.ca/en/report-a-concern/leg_info_201405/
Private sector organization, engaged in commercial activityExamples: retail store, service, hotel, restaurant,
insurance, entertainment

The Personal Information Protection and Electronic Documents Act (PIPEDA) applies.*
Principle 3 – Consent
The knowledge and consent of the individual are required for the collection, use or disclosure of
personal information, except where inappropriate.
TOOL FOR USE IN DETERMINING COMPLIANCE BY YOUR COMPOANY.
https://www.priv.gc.ca/en/privacy-topics/privacy-laws-in-canada/the-personal-information-protection-and-
electronic-documents-act-pipeda/pipeda-compliance-help/pipeda-compliance-and-training-tools/
pipeda_sa_tool_200807/#part1

The prohibited grounds of discrimination in the BC Human Rights Code include “race, colour, ancestry, place of
origin, religion, family status, marital status, physical disability, mental disability, sex, age, sexual orientation,
political belief or conviction of a criminal or summary conviction offence unrelated to their employment.”

Purposes
3   The purposes of this Code are as follows:

(a) to foster a society in British Columbia in which there are no impediments to full and free participation in the
economic, social, political and cultural life of British Columbia;

(b) to promote a climate of understanding and mutual respect where all are equal in dignity and rights;

(c) to prevent discrimination prohibited by this Code;

(d) to identify and eliminate persistent patterns of inequality associated with discrimination prohibited
by this Code;

(e) to provide a means of redress for those persons who are discriminated against contrary to this Code.

4   If there is a conflict between this Code and any other enactment, this Code prevails.

Discriminatory publication
7   (1) A person must not publish, issue or display, or cause to be published, issued or displayed, any
statement, publication, notice, sign, symbol, emblem or other representation that

(a) indicates discrimination or an intention to discriminate against a person or a group or class of

persons, or

(b) is likely to expose a person or a group or class of persons to hatred or contempt

because of the race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental
disability, sex, sexual orientation, gender identity or expression, or age of that person or that group or class of
persons.

Discrimination in accommodation, service and facility

8   (1) A person must not, without a bona fide and reasonable justification,

(a) deny to a person or class of persons any accommodation, service or facility customarily available to
the public, or

(b) discriminate against a person or class of persons regarding any accommodation, service or facility
customarily available to the public

because of the race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental
disability, sex, sexual orientation, gender identity or expression, or age of that person or class of persons.

Complaints
21   (1) Any person or group of persons that alleges that a person has contravened this Code may file a
complaint with the tribunal in a form satisfactory to the tribunal.

(4) Subject to subsection (5), a complaint under subsection (1) may be filed on behalf of

(a) another person, or

(b) a group or class of persons whether or not the person filing the complaint is a member of that group
or class.

The Canadian Human Rights Act

The Canadian Human Rights Act of 1977 protects Canadians from discrimination when they
are employed by or receive services from:
private companies

International disability rights

At the international level, Canada supports the protection and promotion of rights for people
with disabilities through our relationship with the UN.
As a founding member of the UN, Canada has ratified seven principal human rights
conventions and covenants, including the Convention on the Rights of Persons with
Disabilities.

Article 1 - Purpose
The purpose of the present Convention is to promote, protect and ensure the full and equal
enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and
to promote respect for their inherent dignity.
Persons with disabilities include those who have long-term physical, mental, intellectual or
sensory impairments which in interaction with various barriers may hinder their full and
effective participation in society on an equal basis with others.
Article 4 - General obligations
1. States Parties undertake to ensure and promote the full realization of all human rights and
fundamental freedoms for all persons with disabilities without discrimination of any kind on the
basis of disability. To this end, States Parties undertake:
(a) To adopt all appropriate legislative, administrative and other measures for the
implementation of the rights recognized in the present Convention;
(b) To take all appropriate measures, including legislation, to modify or abolish existing laws,
regulations, customs and practices that constitute discrimination against persons with
disabilities;
(c) To take into account the protection and promotion of the human rights of persons with
disabilities in all policies and programmes;
(d) To refrain from engaging in any act or practice that is inconsistent with the present
Convention and to ensure that public authorities and institutions act in conformity with the
present Convention;
(e) To take all appropriate measures to eliminate discrimination on the basis of disability by
any person, organization or private enterprise;
(f) To undertake or promote research and development of universally designed goods,
services, equipment and facilities, as defined in article 2 of the present Convention, which
should require the minimum possible adaptation and the least cost to meet the specific needs
of a person with disabilities, to promote their availability and use, and to promote universal
design in the development of standards and guidelines;

Article 5 - Equality and non-discrimination

1. States Parties recognize that all persons are equal before and under the law and are
entitled without any discrimination to the equal protection and equal benefit of the law.
2. States Parties shall prohibit all discrimination on the basis of disability and guarantee to
persons with disabilities equal and effective legal protection against discrimination on all
grounds.
3. In order to promote equality and eliminate discrimination, States Parties shall take all
appropriate steps to ensure that reasonable accommodation is provided.
4. Specific measures which are necessary to accelerate or achieve de facto equality of
persons with disabilities shall not be considered discrimination under the terms of the present
Convention.

Article 22 - Respect for privacy

1. No person with disabilities, regardless of place of residence or living arrangements, shall
be subjected to arbitrary or unlawful interference with his or her privacy, family, or
correspondence or other types of communication or to unlawful attacks on his or her honour
and reputation. Persons with disabilities have the right to the protection of the law against
such interference or attacks.
2. States Parties shall protect the privacy of personal, health and rehabilitation information of
persons with disabilities on an equal basis with others.

Whereas it is easy to go on and on about the distinct understandings of Law, and dive deeper
into case law, etc. I Do believe the previous information has covered at minimum

- the right to privacy in general

- the right to privacy for persons with disabilities
- the right to privacy, specifically in regards of medical conditions
- Equality of persons regarding, but not limited to accommodation and services
- Right of non-discriminatory service by both government and public institutions
- Provincial, Federal, and International laws concerning privacy and discrimination
- Further statutes up to and including international law regarding the rights of persons with
disabilities
- The inhibition regarding refusal of service to persons due to medical conditions (specifically
those deemed as disabilities) on grounds of discrimination
- The abilities of a person within or external to an effected group to lodge a complaint on
behalf of said group (such as those persons with disabilities, e.g. breathing inhibitions,
sensory issues, and/or other physical/mental disabilities)

_________________________________________________________________________________________
Supporting Documents

https://financialpost.com/pmn/business-pmn/as-service-refusals-make-headlines-experts-say-
businesses-usually-in-the-wrong

“Retailers under federal regulation cannot refuse service based on several prohibited grounds for
discrimination, including race, religion, age, sexual orientation, marital status, and disability, according
to the Canadian Human Rights Act. Those under provincial regulation face similar restrictions.”

https://www.lexology.com/library/detail.aspx?g=3e68e2e2-e6ab-4e19-9f53-ebece48febab

“In this time of rapidly changing circumstances, neither the Human Rights Tribunal nor the courts have
had time to weigh in on whether COVID-19 amounts to a disability. However, in my view as BC’s Human
Rights Commissioner, it does. The seriousness of this illness – and the potential stigma that attaches to
it – make it more akin to the legal protections that apply to HIV than to the common cold. Therefore,
discrimination on the basis of someone having (or appearing to have) COVID-19, is prohibited under the
Code except where the duty bearer can justify such treatment (for example, to prohibit or diminish the
transmission of the virus).

(Emphasis in original.)