Canadian Charter Rights – Businesses | Understanding how COVID-19 measures violate YOUR Charter Rights AND Understanding how COVID-19 measures YOU ENFORCE violate Your Employee’s and Patron’s Charter Rights | Stand Up Canada

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Empower Yourself – Know the Rights of Your Business, Employee’s and Patron’s!

Understanding how COVID-19 measures violate YOUR Charter Right under Section 7 (applies to non-incorporated business) 

AND

Understanding how COVID-19 measures YOU ENFORCE violate Your Employee’s and Patron’s Charter Rights under 

Sections 2, 7, 8, and 15

including other provincial/territorial legislation

Risk of Fines, Human Rights Complaints and being Sued

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Important Information for Business Owners

There are two (2) separate but equally important issues which business owners need to know and understand with respect to the COVID-19 measures. The first is how your right as a business owner has been and continues to be violated. The second is how you are now violating your employee and patron rights by enforcing COVID-19 measures. This is a long but worthwhile read and so we will apologize upfront.

Issue #1 – Closure of all “non-essential” businesses – violation of YOUR Charter Right (applies only

If your business was deemed to be in the category of “non-essential businesses” this part will be of great interest to you but only if your business is not incorporated. We are extremely curious as to where the legal definitions of “essential businesses” and “non-essential businesses” can be found on any government website. It seems that this loose definition not only varies from province to province, but within the same province itself like Ontario.

First of all, you may not be aware, but the closure of all “non-essential businesses” was a direct violation to your Canadian Charter of Rights and Freedoms – section 7. Please note that Charter rights only apply to businesses who are not incorporated. The limiting of the number of patrons you are allowed have in your stores or venues is also another violation to section 7.

Listed below is section 7, its meaning, identification of responsible parties who violated this, and what actions you may wish to consider. 

Excerpt from the Canadian Charter of Rights and Freedoms

Section 7 is about “Legal Rights”:

Life, liberty and security of person

Section 7. Everyone has the right to life, liberty, and security of the person and the right not to be deprived there of except in accordance with the principles of fundamental justice.

What does Section 7 mean?

This is a very important section as it covers many meanings with the words “life” “liberty” and “security” which applies to all Canadians. As a business owner, you have the right to WORK, to EARN A LIVING, to run a business, to PROVIDE “security” for yourself, your family and your employees. The decision to close all “non-essential businesses” was not only arbitrary, but it was unjustified.

NOTE: We have been unable to find the legal definition of “non-essential business” in any government website

Examples:

We’re so fortunate to be able to own and operate a business in Canada, a free and democratic society!

Small business is THE back bone of Canada’s economy and we’re proud to fill that vital role!

We have the best staff who meet all of our customers needs!

Who is violating this – In respect to Business Owners?

Canadian Federal government and Canada’s Chief Medical Officer

Provincial governments

– Premier’s Declarations of Emergency who ordered the closure of all “non-essential businesses” (no legal definition found); limited the number of patrons you can have in your place of business; enticing your minimum wage employees to stay home and collect the Canadian Emergency Response Benefit (CERB) rather than return to work, making it very difficult to fill entry level positions which are essential to running your business

– Provincial Chief Medical Officer’s recommendations

What can I do as a business owner about this Section 7 Charter violation?

Considering this is a “constitutional” matter, you may wish to seek legal advice from a Constitutional Lawyer. The Charter only applies to all non-incorporated businesses.

Legal Referrals

There are two constitutional centres that you may wish to contact. Please note we are not affiliated with these centres nor are they with us. We are only providing this information as a source of support to those who need it. Canadians helping Canadians.

1. Constitutional Rights Centre (CRC).

The CRC is established as a private corporation whose sole mission and aim(s) are the protection, defence, enforcement, and enhancement of constitutional rights, and the supremacy of the Constitution, and the Rule of Law, without government funding, interference, or influence whatsoever.

2. Justice Centre for Constitutional Freedoms (JCCF).

The JCCF is uniquely positioned to help Canadians who have faced shocking and stressful intrusions on their freedom. Their experienced in-house legal team provides legal advice and representation to clients without charge.  JCCF is a registered charity and as such, can issue tax receipts. 

We ask that you keep in mind the particular aspect of “pro bono time” as the wonderful people in both centres are not receiving any payment for their services. With this said, please be very aware of this fact before reaching out to them. Given the insanity of our current situation they may be overwhelmed with requests. Thank you for considering this.

Small Claims Court

In addition you may wish to consider filing a claim for financial damages in a small claims court. The maximum amount you could receive is $35,000. We understand that this amount would pale in comparison to lost revenue, but it would send a strong message to the Government of your ability to stand up for your rights. You do not need a lawyer for this – you can represent yourself.

Issue #2 – Government and Public Health Measures – How Business Owners are Violating their Employees and Patrons Charter Rights and How they are 100% Liable for all Injuries

If you are a business owner, you would have been dealt a severe financial blow during the initial arbitrary and unjustified lock-down measures. The forced closures of all “non-essential businesses” in all provinces and territories had a devastating and crippling effect on Canada’s economy. 

More personally, the impact was felt by all businesses who were deemed “non-essential” and were forced to close their doors. This IS personal, it is NOT business.

Again, can anyone one find the legal definition of “non-essential businesses”?

For a list of current covid-19 “related” deaths in Canada, you can find this information out from the government of Canada, by clicking HERE.

As of our reporting on November 12, 2020, there have been 10,754 COVID-19 “related” deaths in Canada. The above link shows the breakdown by province. Why is this important information for you to know? Because all of these government measures (forced “non-essential businesses closures, etc.) are based on the number of COVID-19 “related” deaths. 

Based on our own data, none of these “measures” are reasonable nor justified in a free and democratic society.

With the four (4) new measures the Government and Public Health Officials are asking you to comply and enforce, now place you squarely at risk for Charter and other provincial and territorial legislative violations. Including the potential to be sued by employees and patrons.

1. Businesses have been instructed to comply and enforce the mandatory wearing of face coverings (face masks) for their employees and patrons. Most businesses are not even aware of any mask exemptions which is written in either the municipal bylaw or public health order for their jurisdiction – and by not complying with these exemptions, they are breaking the law and exposing themselves to risk of fines, human rights complaints and being sued!

2. Businesses have been instructed to place hand sanitizers at the entrance of their place of business for patrons and employees use.

3. Businesses have been instructed to take patrons medical temperatures as a prerequisite (a condition) to providing service.

4. Businesses have been instructed to obtain ID from patrons.

As a business owner, you need to be aware that you are now BREAKING THE LAW by enforcing these measures.

Passing the LIABILITY Buck to Business Owners!

This next piece of information is by far the MOST important information for you to fully understand as a business owner. If the Federal or Provincial Governments felt that these measures were that crucial to stopping the spread of covid-19, they would have written new federal or provincial and territorial laws for all Canadians to comply with. Period. Punishable in a court of law for breaking them.

But the government did not do this. Why not? Because these measures ARE Charter violations. Which means hypothetically:

– there would have been only ONE Federal constitutional lawsuit; or

– TEN Provincial and THREE Territorial constitutional lawsuits

In other words, these “measures” would have been dealt with quickly and efficiently in a legal challenge. Life would have returned back to pre-covid normal relatively fast.

What did they do instead?

– passed these unlawful measures down onto unsuspecting business owners

– HUNDREDS OF THOUSANDS, if not MILLIONS of potential lawsuits to businesses (all across Canada) for violations to the Charter and other Acts

– including LIABILITIES for any physical or psychological injuries arising from mask-wearing and using hand sanitizers by employees or patrons

– including risk of fines, human rights complaints and being sued

Introducing Ontario Public Health

BREAKING NEWS: June 17, 2020 – ONTARIO Public Health created their Synopsis on wearing masks, given to all 35 local Public Health Units in Ontario (who are in turn responsible for 444 municipalities).

This 14 page document which contains 43 cited references on wearing masks, but has only ONE feature that makes all the difference in the world. Their DISCLAIMER. It is found on the last page and is something everyone including business owners need to read.

DISCLAIMER: “The application and use of this document is the responsibility of the user. PHO assumes no liability resulting from any such application or use”

What is a “Disclaimer”?

It is a statement that denies responsibility to any “claims” made. Thus the term “dis” “claimer”.

Why is their Disclaimer so important?

This means that Ontario Public Health has ZERO responsibility for any and all injuries (physical and psychological) resulting from mask-wearing.

OK, so if Ontario Public Health is not responsible for mask-wearing injuries, who is then?

– Business owners and staff who enforce mask-wearing

– anyone who enforces mask-wearing

– anyone who voluntarily wears one

THIS IS ALL YOU NEED TO KNOW.

If the Canadian and Provincial Governments, including the Federal, Provincial and local Public Health Units do NOT take full responsibility for enforcing mask wearing on citizens, then why in the world would anyone wear one? Let alone force employees and patrons, including school children to wear one. Please note, we suspect all other provincial Public Health Synopsis have the same type of Disclaimer. Unfortunately, we have not yet had time to verify this, but will be doing so when time permits.

Time to Engage Critical Thinking!

Why do you think Ontario Public Health has this DISCLAIMER?

Let’s breakdown their “DISCLAIMER” so you can fully understand it.

Who are the “users”?

– anyone who “uses” a face mask or face covering

Who are the ones “applying” their recommendations “any such application”?

– any businesses enforcing the “application” of mask-wearing

Who is protected by this Disclaimer? Is it the “user” or the people “applying” their mask-wearing recommendations?

No! The only one protected by this Disclaimer is Ontario Public Health. Ontario Public Health assumes no liability!

If mask-wearing poses no harmful physical or psychological risks – which is what they’ve been telling us for months now, then WHY THE DISCLAIMER?

Understanding How the Four (4) Measures Businesses Enforce Violate the Charter Rights of their Employees and Patrons including other Provincial/Territorial legislation

1) Mandatory Face Coverings

2) Hand Sanitizers

3) Temperature taking

4) Asking for ID

COVID-19 Measures 1), 2), and 3) Violate Sections 2 (a), 2 (b) and 7 of the Charter

Here is the latest information on mandatory face coverings, or face masks:

– unconstitutional

– ineffective and pose physical and mental health dangers

– violates the physical and psychological integrity by seriously restricting a person’s primordial right to breathe

– restricting the very right of liberty, to choose HOW to breathe

– mandating masks to stop the spread of a disease (the Government has deemed COVID-19 to be a disease) is a medical treatment requiring people’s consent under section 10 of the Health Care Consent Act, Ontario

– section 11 are the elements required for people’s consent (this is Ontario only – each province/territory is different – please check your provincial/territorial health care consent policies)

– mask exemptions are provided in either bylaw or public health recommendations/orders

Employer responsibilities / Employee rights – mask exemptions:

– if an employee declares they have a mask exemption, the employer would be responsible to accommodate them for the protected code of disability under the Human Rights Code Ontario, for example. Note, each province/territory may have different protected codes under their provincial/territorial Human Rights Code – find your area and double check that “disability” is a “protected code”.

– employers would need to ensure they are not in violation of the Occupational Health and Safety Act, Ontario (OHSA), under Part III Section 25 “Duties of an employer”, subsection (2) an employer shall (a) provide information, instruction and supervisor to a worker to protect the health or safety of the worker (this is Ontario only – each province/territory is different – please check your provincial/territorial Occupational Health and Safety policies)

– certain employees have the right to refuse to work under Part V Section 43 of the OHSA

– employees who would assert their rights under OHSA, are protected from reprisals by the employer or anyone acting as the employer under Part VI Section 50 of the OHSA

Reprisals by Employer Prohibited – no discipline, dismissal, etc., by employer

– employers would need to ensure they are compliant with their duties under the Workers Safety Insurance Board (WSIB), Ontario

– employers would need to ensure their employees are fit for duty to be able to wear a mask while they are working; employees would require a medical evaluation BEFORE being instructed by their employer to wear a mask; employees could have underlying medical conditions which they may not be aware of 

Employer has NO legal authority – medical exemptions:

– they would have no legal authority whatsoever to “approve” a medical exemption that a medical doctor “issues”

for patron’s or employee’s (for anyone!)

– they would have no legal authority whatsoever to disregard the medical assessment of an employee’s or patron’s medical doctor (medical doctors are the only legal profession allowed to issue medical exemptions)

Risks for businesses:

– are at risk for constitutional LAWSUITS from employees and patrons for the violations of their rights and freedoms under the Charter

– are at risk for FINES from bylaw officers for not complying with mask exemptions under municipal bylaws or public health orders (businesses not complying with mask exemptions are breaking the law)

– are at risk for HUMAN RIGHTS COMPLAINTS on the grounds of discrimination upon disability (businesses denying service to anyone declaring a medical exemption under the bylaw or public health recommendation); financial compensation is awarded to the person making the complaint, if approved

– are at risk for being SUED in small claims court for damages resulting from being denied service in your place of business

– are at risk for being SUED in civil courts for any and all physical and psychological damages arising out of mask use and hand sanitizer – by employee’s and patron’s, including service workers who deliver goods or provide services to your business

– are at risk for CLAIMS to Workers Safety Insurance Board of Ontario (all provinces and territories which apply)

– are at risk for health and safety COMPLAINTS to the Ministry of Ontario

Latest information on hand sanitizers:

– there are NO hand sanitizers approved by the Government of Canada

– Health Canada has 115 recalls of hand sanitizers due to their toxicity levels to humans

Latest information on taking temperatures of patron’s:

– should only be done by a medical professional

– should NEVER be done by a waitress or store clerk, anyone who is NOT a medical professional

– requires people’s consent under section 10 of the Health Care Consent Act

– section 11 are the elements required for people’s consent (this is Ontario only – each province/territory is different – please check your provincial/territorial health care consent policies

– a business has NO legal authority to administer medical treatments – taking someone’s medical temperature is a medical treatment and requires their explicit consent

COVID-19 Measures 4) Violate Section 8 of the Charter

Latest information on asking anyone for their ID:

– your ID is your name, address and phone number including your date of birth

– the only person who has the right to ask anyone for their ID is a medical professional, and ONLY if that person agrees to give this information to them

– businesses and staff have NO RIGHT TO ASK ANYONE THIS

– bartenders know this!

– not even the police to some extent

– doing so also violates provincial and territorial privacy rights

Not only are business owners and their staff in violation of these Sections, but so are multiple parties as well.

Understanding all the Violations under the Charter

Section 2 is about “Fundamental freedoms”

If your business enforces Mandatory face coverings – Hand sanitizers – Temperature taking, you are now violating these rights of your employees and patrons under this section. Including violations to the provincial/territorial health care consent policies.

Excerpt from the Canadian Charter of Rights and Freedoms:

Section 2. Everyone has the following fundamental freedoms: (a) freedom of conscience and religion;

What does Section 2 (a) mean?

This is your guaranteed right to have the FREEDOM of CONSCIENCE. FREEDOM of RELIGION. This is your right to participate in any religious association you want.

Example:

I believe wearing a mask is potentially harmful to my child’s psychological and physical health; I cannot in good conscience allow my child to be required to wear a mask while in school

My religion does not permit me to cover my face or wear a face mask

–  I am free to practice any religion of my choice, in any religious place of worship

Who is violating this?

Canadian Federal government and Canada’s Chief Medical Officer

Provincial governments

– Premier’s Declarations of Emergency

– Provincial Chief Medical Officer’s recommendations

Municipal bylaws or Public Health recommendations

Bylaw officers who enforce any measure

Business owners and staff who enforce any measure

Schools and teachers who enforce any measure

Section 2. Everyone has the following fundamental freedoms: (b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;

What does Section 2 (b) mean?

This is your guaranteed right to have the FREEDOM to THINK what you want. The right to have your own BELIEFS, OPINIONS and the right to EXPRESS them in any way.

Examples:

I don’t want to wear a mask because I think its harmful

I think people should have the right to choose if they want to wear a mask or not

I don’t think anyone should take my temperature except my family doctor, and ONLY if I let them do it!

Who is violating this?

Canadian Federal government and Canada’s Chief Medical Officer

Provincial governments

– Premier’s Declarations of Emergency

– Provincial Chief Medical Officer’s recommendations Municipal bylaws or Public Health recommendations

Main-stream media, in particular, CBC (one sided reporting)

Bylaw officers who enforce any measure

Business owners and staff who enforce any measure

Schools and teachers who enforce any measure

Section 7 is about “Legal rights”

If your business enforces

– Mandatory face coverings

– Hand sanitizers

– Temperature taking 

you are now violating these rights of your employees and your patrons under this section.

Excerpt from the Canadian Charter of Rights and Freedoms:

Section 7. Everyone has the right to life, liberty, and security of the person and the right not to be deprived there of except in accordance with the principles of fundamental justice.

What does Section 7 mean?

This is a very important section as it covers many meanings with the words “life” “liberty” and “security” which applies to all Canadians. This is your guaranteed RIGHT to LIFE, to have SECURITY, to WORK as an employee or own and operate a BUSINESS.

Examples:

We’re so fortunate to be able to own and operate a business in Canada, a free and democratic society!

Small business is THE back bone of Canada’s economy and we’re proud to fill that vital role!

We have the best staff who meet all of our customers needs!

I’m so lucky that I live Canada and have the freedom to choose HOW I want to breathe

There is no way I’m rubbing anything on my hands that is toxic (hand sanitizers)! That poison gets absorbed through my skin, into my body and will make me sick!

Who is violating this?

Canadian Federal government and Canada’s Chief Medical Officer

Provincial governments

– Premier’s Declarations of Emergency

– Provincial Chief Medical Officer’s recommendations

Business owners and staff who enforce any of these measures

Section 8 is about “Protection from search and seizure”

If your business enforces asking for ID, you and your staff are now violating the rights of your patron’s under this section. Not only will you be violating this Section of the Charter, but you will also be violating provincial and territorial privacy rights. If patrons are asked for their ID in your place of business, they have no legal obligation to respond. In fact, they have every right to walk away from the person asking, and still have every right to receive service in your business.

Excerpt from theCanadian Charter of Rights and Freedoms

Section 8. Everyone has the right to be secure against unreasonable search or seizure.

What does Section 8 mean?

This is your guaranteed RIGHT for a reasonable expectation of YOUR PRIVACY. Simply stated, police and other government agents cannot, without sufficient reason, invade the personal privacy of individuals. Your NAME, ADDRESS, PHONE NUMBER, and your DATE OF BIRTH is YOUR PRIVACY and no one else!

Example:

Waitress to patron: “Can I have your name, address and phone number please?” Patron to Waitress: “Are you kidding? You have no right to ask me this. Can I have yours?”

Who is violating this?

Canadian Federal government and Canada’s Chief Medical Officer

Provincial governments

– Premier’s Declarations of Emergency

– Provincial Chief Medical Officer’s recommendations

Municipal bylaws or Public Health recommendations

Bylaw officers who enforce asking for your ID

Business owners and staff who enforce asking for your ID

To make things worse, if your employee’s or patron’s declare they have a medical exemption, you do NOT have any right to ask them for any information about it or to ask them to provide proof. If you do, you will also be in violation of Section 15 of the Canadian Charter of Rights and Freedoms. Including violations to the provincial/territorial human rights code.  In addition, if your business denies service to anyone declaring their medical exemption, you could be subject to (a) fines under the Municipal bylaw for not complying with mask exemptions under the bylaw; (b) complaints to the Human Rights Tribunal for discrimination upon disability, with possible awarded damages; and (c) sued in small claims court for damages.

Section 15 is about “Equality rights”

Excerpt from the Canadian Charter of Rights and Freedoms:

Section 15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

What does Section 15 mean?

Anyone who has a mental or physical disability is protected from discrimination under the Human Rights Code, Ontario (this is Ontario only – each province/territory is different – please check your provincial/territorial human rights code).

If employee’s or patron’s declare they have a medical exemption, no one has the right to ASK them about it except a “Health Information Custodian” AND no one has the right to ask them to prove it under this Section. Doing so also violates personal health information protection which falls under the provincial/territorial privacy policies.

If you DENY SERVICE to anyone declaring a medical exemption, you will be breaking the law and could be subject to: (a) fines from a bylaw officer for not complying with the mask exemptions stated in the bylaw; (b) complaints to the Human Rights Tribunal (with maximum compensation for damages) for discrimination upon disability; and (c) sued in small claims court for damages (maximum is $35K).

If your EMPLOYEE DECLARES that they have a MEDICAL EXEMPTION, as the employer, it is your duty to accommodate your employee under the protected code of disability under the Human Rights Code Ontario (this is Ontario only – please check your provincial/territorial human rights codes)

– you must either (a) find work for your employee where they don’t need to wear a mask; or (b) create an environment where the employee does not need to wear a mask to do their job

– employees have the right to file a complaint with the Human Rights Tribunal and ask for maximum compensation for damages, if either option is not provided by their employer

– in addition, if you terminate an employee because they are unable to wear a mask, your employee could sue you for wrongful dismissal

Who is violating this?

Anyone asking your employee’s or patron’s about their medical condition; asking for proof of it; asking for a medical exemption from their doctor.

– Business owners and staff who ask patrons or employees about their medical condition, or even proof of such

– Municipal bylaw officers who ask

– Schools and teachers who ask

These violations could cost you plenty. Not only in fines, but in your time and legal funds needed to defend yourself in court. Businesses have already lost so much revenue from the arbitrary closure of all “non-essential businesses”. Please, do not add to your financial losses from something that can be avoided by this knowledge.

Hand Sanitizers – CAUTION!

Did you know that there are NO hand sanitizers approved in Canada? We just recently discovered this information and as a business owner, it’s vital that you know this!  “To date, there are no hand sanitizers in Canada approved with COVID-19 related claims” ~ Government of Canada

Here’s why the Government of Canada cannot approve any.

Were you aware that Health Canada has 115 recalls of hand sanitizers as they are toxic to humans.

Did your business receive any of these notifications?

Possible adverse reactions – skin irritation and cracking; eye irritation; upper respiratory system irritation; and headaches. If we were in your shoes, we would remove ALL hand sanitizers immediately. This is our opinion and we hope you will sincerely take it.

Notice of Liability

Canadians citizens are waking up to this important measure of how they can protect themselves in a court of law for any violated rights under the Charter. Basically, individuals will file a “Notice of Liability” with your company. This notice indicates that should you enforce any measure which is a violation to theCanadian Charter of Rights and Freedoms, your company will be held liable in a court of law. This notice will also include liabilities for any and all injuries related to forced mask-wearing. This is catching on like wild-fire across Canada.

Ready for some Good News? Suggestions to Mitigate Liability! Mandatory mask-wearing has either been done as a Municipal by-law or a Public Health Unit “recommendation”. Who can enforce what?

Municipal by-law for mandatory masking:

– By-law officers are the ONLY ones legally authorized to enforce by-laws

– if they enforce this one, they will be in violation of the Charter 

Public Health Unit “recommendation” for mandatory masking:

– NO ONE is legally authorized to enforce this because it is ONLY a “recommendation”, it is not a law or by-law

There is a BIG difference between “complying” with Municipal by-laws or Public Health recommendations and “enforcing” them. Your only legal responsibility as a business owner is to COMPLY, not enforce. There is so much confusion about this subject. Business owners have no legal authority to ENFORCE these measures. Since when was there a swearing in of oath and office for business owners on these measures? Remember that only a by-law officer has the legal authority to enforce mandatory mask by-laws. Enforcing these two measures puts you and your business in jeopardy of the many risks and violations explained here. 

So how do you meet your legal obligation to COMPLY?

Simply post the Municipal by-law or Public Health Unit recommendation at the front entrance of your place of business. If someone walks in without a mask, you have NO legal obligation to even point out the notice. That’s it. You have met your legal obligation to comply. You absolutely need to leave it at that. You have NO legal obligation to do anymore. In fact, any attempts to enforce mask-wearing, denying mask exemptions, asking for ID or taking anyone’s temperature will put you and your business, including your employees at risk for Charter violations and possible lawsuits.

This is vital to understand where your legal obligations start and end. In addition, you have every right as a business owner to make your own store policy. You know this as you do this all of the time. For example, we have seen many businesses post their store policy indicating “NO mask NO service”. This policy is illegal. With no mention whatsoever of any medical exemptions, which you know now is discrimination under the Human Rights Code and illegal because you are in non-compliance with the mask exemptions in the bylaw. Business owners have the right to make any store policy they want, provided it is not against any law. 

We realized that if business owners wrote these kinds of store policies, that the reverse could also be written. 

Here is an idea we thought you might like to have if you wanted to make your own store policy that would certainly mitigate (reduce) your risk of liability. “Please see the posted Municipal by-law or Public Health recommendation on mandatory masks. We need to comply by posting this or else we could be closed down or fined.  Please use at your own risk.”  Want to be a hero? Add the next sentence. “Ask us why“.

If your patrons notice this and ask about this store policy, you would be doing them a great justice if you explained to them personally why you wrote this. TO PROTECT THEM FROM HARM. Talk about customer loyalty then! This is 100% your right to do this. We are strongly encouraging ALL businesses to do this. Take your right back as a business owner!

Your ONLY legal obligation is to post the by-law or Public Health “recommendation” in your store. Your legal obligation starts and ends with this. Mitigating your risk of liability in the case of injuries related to mask-wearing is yet to be seen. Do you know why? Because forced mask-wearing for employee’s and patron’s have NEVER been done before in Canada. Insurance companies have no prior mask-related injuries on this scale, with which to compare and measure this risk against. Employee’s and patron’s may be well uninformed of their rights when it comes to these injuries. Imagine IF they knew? All it takes is one patron, one employee to become injured from mask wearing and there will be mass pandemonium on lawsuits everywhere. Help mitigate your risk by not enforcing something you have no legal authority to do.

Has your business association told you any of this? If not, you might want to ask them what are you paying for?

WHAT IS YOUR CONCLUSION? 

If you’ve made it to the end of this document, well done! Not only are you a critical thinker, but an even more informed and responsible business owner. We know this was a long read and your head is probably spinning by now. Imagine ours putting all of this together for you! When you see all the information presented like this, what conclusion have you drawn for yourself? You’re in business not only for profit but hopefully for something far greater that enriches your own life and the lives of all those who work for you, including the people who buy from you. For the sake of your employee’s and your patron’s, what is your morale compass telling you to do?

We believe that knowledge is potential power. But knowledge has no power without action. And so, our purpose has been fulfilled by giving you this knowledge – the rest is up to you. 

So now that you have this knowledge, what are you going to do with it?

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