Canadian Charter Rights - Businesses: WWW - Standupcanada.Solutions
Canadian Charter Rights - Businesses: WWW - Standupcanada.Solutions
Canadian Charter Rights - Businesses: WWW - Standupcanada.Solutions
Solutions
Understanding how COVID-19 measures violate YOUR Charter Right under Section 7
(Note: Section 7 Charter rights does not apply to corporations)
AND
Understanding how COVID-19 measures YOU ENFORCE violate Your Employees’ and Patrons’
Charter Rights under Sections 2, 7, 8, and 15 including other provincial/territorial legislation
The following article is for general information only, and should not be construed as legal advice.
If your business was deemed to be in the category of “non-essential businesses” this part will be of great
interest to you, particularly 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. The limiting of the number of patrons you are
allowed to 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.
Published: January 3, 2021 Copyright © 2020 Stand Up Canada - All Rights Reserved. Page 1 of 12
Excerpt from the Canadian Charter of Rights and Freedoms.
Section 7 is about “Legal Rights”:
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.
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!
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.
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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.
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.
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 December 31, 2021, there have been 15,605 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.
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As a business owner, you need to be aware that you are now BREAKING THE LAW by enforcing these
measures.
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.
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”.
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
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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.
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
Published: January 3, 2021 Copyright © 2020 Stand Up Canada - All Rights Reserved. Page 5 of 12
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
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– a business has NO legal authority to administer medical treatments – taking someone’s medical temperature
is a medical treatment and requires their explicit consent
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.
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
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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;
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!
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!
Published: January 3, 2021 Copyright © 2020 Stand Up Canada - All Rights Reserved. Page 8 of 12
– Premiers’ Declarations of Emergency
– Provincial Chief Medical Officers’ recommendations
Business owners and staff who enforce any of these measures
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?”
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.
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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
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.
Were you aware that Health Canada has 115 recalls of hand sanitizers as they are toxic to humans.
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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 the Canadian
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?
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.
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
Published: January 3, 2021 Copyright © 2020 Stand Up Canada - All Rights Reserved. Page 11 of 12
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. Employees and patrons 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?
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?
Published: January 3, 2021 Copyright © 2020 Stand Up Canada - All Rights Reserved. Page 12 of 12