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.

“The Code does not protect people who refuse to wear a mask as a matter of personal preference, because they believe wearing a mask is ‘pointless,’ or because they disagree that wearing masks helps to protect the public during the pandemic,” Adamson writes.

He says the code only protects from discrimination based on certain personal characteristics, including disability, and any claim of discrimination must begin by establishing the disability interferes with mask use.

This report by The Canadian Press was first published April 1, 2021.

The Canadian Press

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