Alberta Human Rights Commission dismisses Edmonton mask complaints
The Alberta Human Rights Commission has dismissed a pair of complaints filed by two men who say they were discriminated against when they didn’t wear masks inside retail stores last fall.
One incident took place at a Costco store last November and the other at a Peoples Jewellers store in October.
The decisions were released Aug. 16, 2021, signed by Michael Gottheil, chief of the commission and tribunals.
In both cases, Gottheil found the companies were reasonable in insisting customers and employees wear masks to protect public health during the COVID-19 pandemic.
On Nov. 17, 2020, Peter Szeles went into a Costco in Edmonton and told staff he had a disability that exempted him from wearing a face mask.
An employee suggested Szeles could wear a face shield instead, but he refused. Szeles argued that a face shield was stigmatizing, was meant to single him out as a person with a disability and would subject him to humiliation.
An altercation ensued, the police were called over and Szeles was removed from the store, the written decision says.
A clip of the interaction is also posted on Szeles’s Facebook page. The video shows Szeles on his knees, refusing to stand up and leave the store, with two officers carrying him out and putting him in a police van.
WATCH | Police remove Szeles from the Costco:
Man arrested in Edmonton Costco after refusing to wear mask 1:53 In November 2020, Peter Szeles was arrested in an Edmonton Costco following an altercation that occured after the man refused to wear a mask inside the store. Szeles' complaint to the Alberta Human Rights Commission was dismissed in August 2021. 1:53
Costco submitted several arguments in response to Szeles’s complaint, including that it provided appropriate alternatives, like the option to wear a face shield in the store and various online shopping and home delivery options.
In the second case, James Beaudin was blocked from entering a Peoples Jewellers store in Edmonton. He said health reasons prevented him from wearing a mask.
The store staff pointed out alternatives, including phone and online shopping, with free delivery or curb-side pickup. Beaudin objected, but the store staff was firm, and he was told to leave, the written decision says.
Balance of rights
Jessica Eisen, a University of Alberta law professor specializing in human rights, said the commission’s decisions are understandable based on the Alberta Human Rights Act.
According to the decisions, the companies showed they were responding in good faith to the seriousness of the pandemic, she said.
“They presented lots of evidence to the effect that there was a really good reason for these policies — they were needed to protect their employees and to protect the other customers in the stores,” she said.
Eisen said human rights laws are based on balance.
“I think a lot of people are under the misconception that human rights acts and codes generally protect people’s right to do whatever they want in all circumstances,” Eisen said. “In fact, human rights laws are designed to protect fundamental interests in a range of circumstances.”
Discrimination on the basis of race, religion and disability is covered in human rights legislation, but in these cases, businesses showed they were trying to do the right thing in protecting people’s health while providing options to customers, she said.
The two decisions are among more than 100 complaints the Alberta Human Rights Commission has received since March 2020 related to mandatory masks and vaccines. Cam Stewart, a spokesperson with the HRC, said the commission has accepted them as formal complaints and is in the process of reviewing them.
Most complaints are resolved in conciliation, investigation or at the director’s office before going to a tribunal hearing, he noted.
While investigators are going through the complaints process, the details of the complaints are confidential, Stewart said.
@natashariebe
Alberta Human Rights Commission dismisses Edmonton mask complaints
The Alberta Human Rights Commission has dismissed a pair of complaints filed by two men who say they were discriminated against when they didn’t wear masks inside retail stores last fall.
One incident took place at a Costco store last November and the other at a Peoples Jewellers store in October.
The decisions were released Aug. 16, 2021, signed by Michael Gottheil, chief of the commission and tribunals.
In both cases, Gottheil found the companies were reasonable in insisting customers and employees wear masks to protect public health during the COVID-19 pandemic.
On Nov. 17, 2020, Peter Szeles went into a Costco in Edmonton and told staff he had a disability that exempted him from wearing a face mask.
An employee suggested Szeles could wear a face shield instead, but he refused. Szeles argued that a face shield was stigmatizing, was meant to single him out as a person with a disability and would subject him to humiliation.
An altercation ensued, the police were called over and Szeles was removed from the store, the written decision says.
A clip of the interaction is also posted on Szeles’s Facebook page. The video shows Szeles on his knees, refusing to stand up and leave the store, with two officers carrying him out and putting him in a police van.
WATCH | Police remove Szeles from the Costco:
Man arrested in Edmonton Costco after refusing to wear mask 1:53 In November 2020, Peter Szeles was arrested in an Edmonton Costco following an altercation that occured after the man refused to wear a mask inside the store. Szeles' complaint to the Alberta Human Rights Commission was dismissed in August 2021. 1:53
Costco submitted several arguments in response to Szeles’s complaint, including that it provided appropriate alternatives, like the option to wear a face shield in the store and various online shopping and home delivery options.
In the second case, James Beaudin was blocked from entering a Peoples Jewellers store in Edmonton. He said health reasons prevented him from wearing a mask.
The store staff pointed out alternatives, including phone and online shopping, with free delivery or curb-side pickup. Beaudin objected, but the store staff was firm, and he was told to leave, the written decision says.
Balance of rights
Jessica Eisen, a University of Alberta law professor specializing in human rights, said the commission’s decisions are understandable based on the Alberta Human Rights Act.
According to the decisions, the companies showed they were responding in good faith to the seriousness of the pandemic, she said.
“They presented lots of evidence to the effect that there was a really good reason for these policies — they were needed to protect their employees and to protect the other customers in the stores,” she said.
Eisen said human rights laws are based on balance.
“I think a lot of people are under the misconception that human rights acts and codes generally protect people’s right to do whatever they want in all circumstances,” Eisen said. “In fact, human rights laws are designed to protect fundamental interests in a range of circumstances.”
Discrimination on the basis of race, religion and disability is covered in human rights legislation, but in these cases, businesses showed they were trying to do the right thing in protecting people’s health while providing options to customers, she said.
The two decisions are among more than 100 complaints the Alberta Human Rights Commission has received since March 2020 related to mandatory masks and vaccines. Cam Stewart, a spokesperson with the HRC, said the commission has accepted them as formal complaints and is in the process of reviewing them.
Most complaints are resolved in conciliation, investigation or at the director’s office before going to a tribunal hearing, he noted.
While investigators are going through the complaints process, the details of the complaints are confidential, Stewart said.
@natashariebe
Carpay back at helm of overwhelmed Justice Centre
The Justice Centre for Constitutional Freedoms (JCCF) said it’s pleased to welcome back John Carpay to resume responsibilities as president.
Carpay has been on a leave of absence since mid-July after admitting he hired a private investigator to follow a Manitoba judge.
The JCCF board said in a release it’s “taking steps to strengthen governance, and to provide increased independence between the litigation and educational activities of the organization.”
Carpay admitted to conducting surveillance on senior government officials, including Chief Justice Joyal of the Manitoba Court of Queen’s Bench, in regard to their compliance with COVID-19 regulations.
“The Justice Centre’s mandate is to defend Canadians’ constitutional freedoms through litigation and education,” said the JCCF in a release at the time. “Surveilling public officials is not what we do. We condemn what was done without reservation. We apologize to Chief Justice Joyal for the alarm, disturbance, and violation of privacy. All such activity has ceased and will not reoccur in future.”
While the board acknowledges there’s “still work to be done in the coming weeks and months,” it recognizes the organization needs to end the uncertainty that comes with temporary leadership, to enable the Justice Centre to work more effectively in dealing with unprecedented societal challenges.
The board is also seeking to streamline and refresh its membership to better respond to demands on the organization.
The Justice Centre thanked Lisa Bildy, who stepped in as interim president these last seven weeks.
The JCCF noted Canada is experiencing a “wave of unprecedented Charter violations” with the introduction of vaccine passports and with limitations on mobility, employment, and voting rights.
Every day, said the board, “hundreds of Canadians” are appealing to the Justice Centre for help and in order to keep up with the large number of requests for legal help, the JCCF announced several openings for new staff lawyers and paralegals.
Mike D’Amour is the British Columbia Bureau Chief for the Western Standard.
mdamour@westernstandardonline.com