1 COVID-19 MANDATORY MASKING – LEGISLATION CITED 1. Ministerial Order No. M425 – sections 4, 5 and 6....................................................................................................1 2. Human Rights Code, RSBC 1996, c 210 – section 8(1)..........................................................................................2 3. Trespass Act, RSBC 2018, c 3 – section 3.................................................................................................................2 4. Quebec (Commission des droits de la personne et des droits de la jeunesse) v. Bombardier Inc. (Bombardier Aerospace Training Center), 2015 SCC 39 (CanLII), [2015] 2 SCR 789 – paragraph 30.................................2 Ministerial Order No. M425 Exemption from use of face covering 4 Section 3 does not apply as follows: (a) to a person who is less than 12 years of age; (b) to a person who is unable to wear a face covering because of (i) a psychological, behavioural or health condition, or (ii) a physical, cognitive or mental impairment; (c) to a person who is unable to put on or remove a face covering without the assistance of another person; (d) if the face covering is removed temporarily for the purposes of identifying the petson wearing it; (e) while inside a courtroom; (f) while consuming food or beverage at a location designated for those purposes by the operator of the indoor public space; (g) while participating in a sport or fitness activity at a sport or fitness facility; (h) while receiving a personal service, or a service at a health professional's office, if removing the face covering is necessary in order to receive the service; (i) while inside a vehicle on a ferry. Abusive or belligerent behavior 5 (1) In this section: "abusive or belligerent behaviour" means abusive or belligerent behaviour by a person that is intended to challenge or dispute, or intended to disturb the peace in response to, (a) a face covering policy or face covering requirement, or (b) another person's adherence to a face covering policy or face covering requirement;"face covering policy" means the policy of an operator of an indoor public space in relation to face coverings; "face covering requirement" means a requirement in relation to face coverings that is set out in (a) this order, (b) an order made under the Public Health Act, or (c) a COVID-19 provision within the meaning of the COVID-19 Related Measures Act. 2 (2) A visitor to an indoor public space must not engage in abusive or belligerent behaviour towards (a) the operator of the indoor public space, or (b) another visitor. Compliance with directions 6 A visitor must comply with any direction given by an enforcement officer, including a direction to leave an indoor public space. Human Rights Code, RSBC 1996, c 210 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. Trespass Act, RSBC 2018, c 3 Defences to trespass charge 3 A person may not be convicted of an offence under section 2 in relation to premises if the person's action or inaction, as applicable to the offence, was with (a) the consent of an occupier of the premises or an authorized person, (b) other lawful authority, or (c) colour of right. Quebec (Commission des droits de la personne et des droits de la jeunesse) v. Bombardier Inc. (Bombardier Aerospace Training Center), 2015 SCC 39 (CanLII), [2015] 2 SCR 789 [30] This Court has confirmed that the Charter [[[Quebec human rights legislation]]], like the human rights legislation of the other provinces, has a special quasi-constitutional status: Béliveau St-Jacques v. Fédération des employées et employés de services publics inc., 1996 CanLII 208 (SCC), [1996] 2 S.C.R. 345, at 3 p. 402, reproduced in Quebec (Commission des droits de la personne et des droits de la jeunesse) v. Montréal (City), 2000 SCC 27, [2000] 1 S.C.R. 665 (“City of Montréal”), at para. 28; see also de Montigny v. Brossard (Succession), 2010 SCC 51, [2010] 3 S.C.R. 64, at para. 45. Indeed, unless otherwise provided, ss. 1 to 38 of the Charter prevail over other Quebec statutes: s. 52 of the Charter. Furthermore, s. 53 of the Charter provides that, “[i]f any doubt arises in the interpretation of a provision of the Act, it shall be resolved in keeping with the intent of the Charter.”
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