¶ Office of the Human Rights Commissioner
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British Columbia's Office of the Human Rights Commissioner (BCOHRC) is an independent office of the Legislative Assembly of British Columbia responsible for protecting and promoting human rights in the province.[1] It is distinct from the British Columbia Human Rights Tribunal and the BC Human Rights Clinic. The current Human Rights Commissioner is Kasari Govender.[2]
¶ History
Kasari Govender began her five-year term as Commissioner on September 3, 2019.[1:1][2:1]
¶ COVID-19
On November 5, 2020, Commissioner Govender published a guidance document titled “A human rights approach to mask-wearing during the COVID-19 pandemic.” This document was “updated over time to reflect changing circumstances,” with revised versions published on November 23 and December 10, 2020, and April 23, July 22 and September 29, 2021.[3]
The version published on July 22, 2021 clarifies how “mask-wearing exemptions and accommodations” should be handled in the Province of British Columbia:[4]
If someone identifies a reason they are unable to wear a mask that is based on a protected ground under B.C.’s Human Rights Code (such as disability or medical condition), duty bearers—that is, those who have a legal obligation or responsibility to respect, protect and fulfil human rights, including employers, housing providers and other service providers—should accommodate their needs to the greatest extent possible. For shorter-term interactions or where accommodations are relatively easy to implement, duty-bearers should not require medical information to do so. If it is necessary to request medical information, it should only be sought to the extent necessary to determine the limitations and restrictions an individual has in relation to mask-wearing and how they can be accommodated.
An updated version of the guidance document was published in response to Bonnie Henry’s September 2, 2021 public health order, which was even more explicit:[5]
An inability to access or use a mask or an inability to follow a health and safety procedure must not lead to automatic negative consequences such as employee discipline or termination, complete denial of service or eviction from housing. …
Where the relationship is brief, I recommend duty bearers accommodate those who are unable to wear masks without requiring them to provide medical information, as this is sensitive personal information. In an August 2021 decision, the B.C. Human Rights Tribunal (BCHRT) found that individuals do not need to reveal details about their disability when seeking accommodation, but they should inform a duty bearer, such as a service provider, that they require some form of disability-related accommodation.
Also published by the Commissioner’s office was a helpful poster titled “Guidelines for people unable to wear a mask as required in British Columbia,” which clearly states “if a person claims a valid reason they cannot wear a mask, take them at their word. Proof should not be required.”[6] This is present on the versions published in both July and October 2021.[7]
¶ Publications
A human rights approach to mask-wearing during the COVID-19 pandemic
- November 5, 2020
- November 23, 2020
- December 10, 2020
- April 23, 2021
- July 22, 2021
- September 29, 2021
Poster: Guidelines for people unable to wear a mask as required in British Columbia
¶ External links
Human Rights Commissioner. Legislative Assembly of British Columbia. Retrieved November 5, 2023, from http://archive.today/2023.11.05-223906/https://www.leg.bc.ca/dyl/Pages/Human-Rights-Commissioner.aspx ↩︎ ↩︎
About the Office. BC’s Office of the Human Rights Commissioner. Retrieved October 24, 2023, from https://web.archive.org/web/20231024030707/https://bchumanrights.ca/about-us/about-the-office/ ↩︎ ↩︎
A human rights approach to mask-wearing during the COVID-19 pandemic. BC’s Office of the Human Rights Commissioner. Retrieved May 15, 2023, from http://archive.today/2023.05.15-191203/https://bchumanrights.ca/publications/mask/ ↩︎
Update on earlier mask-wearing guidance from B.C.’s Human Rights Commissioner. (2021, July 22). BC Office of the Human Rights Commissioner. https://web.archive.org/web/20230515191344/https://bchumanrights.ca/wp-content/uploads/BCOHRC_Nov2020_Mask-Policy-Guidance_Update-210728.pdf ↩︎
A human rights approach to mask-wearing during the COVID-19 pandemic. (2021, September 29). BC Office of the Human Rights Commissioner. https://web.archive.org/web/20230515193323/https://bchumanrights.ca/wp-content/uploads/Mask-Policy-Guidance-Sept-2021-Update-Final.pdf ↩︎
Poster: Exemptions to the mandatory mask order in British Columbia. (2021, July 1). British Columbia’s Office of the Human Rights Commissioner. https://web.archive.org/web/20210920061020/https://bchumanrights.ca/mask-poster/ ↩︎
Poster: Guidelines for people unable to wear a mask as required in British Columbia. (2021, October 13). BC’s Office of the Human Rights Commissioner. https://web.archive.org/web/20230518050523/https://bchumanrights.ca/mask-poster/ ↩︎