boestar Posted December 16, 2020 Share Posted December 16, 2020 1 hour ago, Bobcaygeon said: Like it or not if you have the appropriate paperwork you don't have to wear as mask. Some people do have legitimate health issues and yes they do still have the right to essential or non-essential travel. Canadian human rights law makes that clear. The transmission risks are extremely low in an airplane already. Not everyone is Mr Sky and if he has the paperwork you're kinda F$$%#d. You can't expect a front line employee to know who the anti-maskers are. A plastic shield does nothing to prevent me from spreading these type of droplets. Wear one and then sneeze or cough. Little to nothing on the mask and lots on my hand/elbow, etc. Refusing to board someone with a legitimate health concern and the appropriate paperwork is a legitimate human rights violation and a HR nightmare. Not everyone can drive or is living in a road accessible community and if you refused to board my grandma who's flying to go to a health care specialist appointment I'd eat you for lunch. You can get off if you have a problem. a private corporation has every right to deny service to anyone for any reason they see fit. You human right to travel is not infringed because all that right says is you have the right to freedom of travel, it does not specify by what means. By denying boarding I am not infringing on that right as there are other options available to you. Conditions of Travel and reasons to be denied boarding are spelled out pretty well if one chooses to look. There are also huge number of fake medical mask exemptions out there. Someone was even selling a card. No mask no travel is my stance. Link to comment Share on other sites More sharing options...
j.k. Posted December 16, 2020 Share Posted December 16, 2020 5 hours ago, boestar said: a private corporation has every right to deny service to anyone for any reason they see fit. is that so... Link to comment Share on other sites More sharing options...
Kip Powick Posted December 17, 2020 Share Posted December 17, 2020 43 minutes ago, j.k. said: is that so... I dunno about Corporations but here in Dotville Hair Salons are asking for Driver Licence ID or ID with photo and name and address....If out of our area, no service.... Lot of people coming from YZ and lock-down areas here to get what they call the "necessities of their life" Link to comment Share on other sites More sharing options...
Airband Posted December 17, 2020 Author Share Posted December 17, 2020 6 hours ago, boestar said: a private corporation has every right to deny service to anyone for any reason they see fit. Not sure everyone got the memo: Discriminatory Practices 3 (1) For all purposes of this Act, the prohibited grounds of discrimination are race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered. Denial of good, service, facility or accommodation 5 It is a discriminatory practice in the provision of goods, services, facilities or accommodation customarily available to the general public (a) to deny, or to deny access to, any such good, service, facility or accommodation to any individual, or (b) to differentiate adversely in relation to any individual, on a prohibited ground of discrimination. Link to comment Share on other sites More sharing options...
Kip Powick Posted December 17, 2020 Share Posted December 17, 2020 Obviously I'm not a lawyer but the way I read it.................. If you tell someone to leave your store, you are not necessarily using any of the discrimination factors stated in para 3(1) Para 5. merely states that you may not use any of the prohibited grounds of discrimination in para 3(1) to deny service. Link to comment Share on other sites More sharing options...
UpperDeck Posted December 17, 2020 Share Posted December 17, 2020 I got the memo. You cannot deny service to anyone if your reason for doing so is a " prohibited ground" and of those listed, the only possible one is "disability". I am not expressing a legal opinion but "off the cuff", difficulty wearing a face covering does not constitute a "disability". You don't want to wear a mask, I assume you are a threat to all other passengers. You're not boarding. If you wore a mask to get onto the aircraft and now want to remove it, you've engaged in a deceptive practice. Get off. The airline has an obligation to protect its passengers from known risks. Allowing a pax to remain in the aircraft without a mask is a breach of Link to comment Share on other sites More sharing options...
FA@AC Posted December 17, 2020 Share Posted December 17, 2020 Are all of you above citing the law or Transport Canada regulations? TC regs are clear (unfortunately) that those providing a medical certificate stating that they cannot wear a face covering are not required to wear a face covering. Whether this overrides whichever federal or provincial laws are in effect I don't know. Neither do I know whether a carrier is within its rights to deny boarding to someone who cannot wear a mask. A no mask, no fly policy such as those operated by US carriers would work for me. Section 32 of this: https://tc.canada.ca/en/ministerial-orders-interim-orders-directives-directions-response-letters/interim-order-respecting-certain-requirements-civil-aviation-due-covid-19-no-15 Link to comment Share on other sites More sharing options...
Airband Posted December 17, 2020 Author Share Posted December 17, 2020 1 hour ago, Kip Powick said: If you tell someone to leave your store, you are not necessarily using any of the discrimination factors stated in para 3(1) Para 5. merely states that you may not use any of the prohibited grounds of discrimination in para 3(1) to deny service. I wasn't suggesting that refusal to wear a mask was somehow protected under the provisions of the Human Rights Act, only that the wider ranging statement 'a private corporation has every right to deny service to anyone for any reason they see fit' would be subject to challenge given the various prohibitions in the act. Link to comment Share on other sites More sharing options...
boestar Posted December 17, 2020 Share Posted December 17, 2020 9 hours ago, Airband said: I wasn't suggesting that refusal to wear a mask was somehow protected under the provisions of the Human Rights Act, only that the wider ranging statement 'a private corporation has every right to deny service to anyone for any reason they see fit' would be subject to challenge given the various prohibitions in the act. as long as you are not being discriminatory then have at it. Link to comment Share on other sites More sharing options...
moeman Posted December 19, 2020 Share Posted December 19, 2020 https://www.aircanada.com/ca/en/aco/home/book/travel-news-and-updates/2020/covid-19.html "You may be exempt from the requirement to wear a face covering if the two following conditions are met: You have a valid medical certificate confirming that there is a medical reason preventing you from wearing a face covering during your travel, and that you have received authorization not to wear a face covering from Air Canada. Please contact the Air Canada Medical Assistance Desk for details or, for European departures only, please present your medical certificate at the airport prior to departure. For the Medical Certificate, please click here. For customers eligible for a face covering exemption, as of December 15, 2020, you will also need to present a negative COVID-19 test taken within 72 hours from departure, at the airport check-in and/or prior to boarding the flight. Note that you may need another negative COVID-19 test for your return journey if the departure of your return trip exceeds 72h from the time your test was taken" Link to comment Share on other sites More sharing options...
Tango Foxtrot Posted December 19, 2020 Share Posted December 19, 2020 Seen at a local liquor store today No doubt Bobcaygeon. If your Grandmother is in need of medical help, and can not wear a mask, I will even sit beside her. A loud mouthed attention whore should not make it through security. Link to comment Share on other sites More sharing options...
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