Can you refuse to wear a mask if you have a doctor’s letter?

As COVID-19 cases rise in many areas of Ontario, stores have implemented strict policies in regards to wearing masks. However, Canadians with medical conditions that prevent mask-wearing have raised concerns over their rights. Rick Powers, a man in Pembrooke, was kicked out of Staples in Ontario for refusing to wear a mask despite having a letter from his doctor stating his medical condition.

What rights do Canadians have in public spaces? Should individuals with medical conditions be given accommodation in regard to mandatory masks? Alex Lucifero, an Ottawa employment lawyer at Samfiru Tumarkin LLP spoke to CTV News about Powers’ situation.

UPDATE on March 11, 2022: Ontario is ending its mask mandate for businesses on March 21, 2022, with exceptions like public transit and healthcare settings. Mask mandates for those sectors will end on April 27, 2022.

Powers’ note from his doctor states, “To whom this may concern, the above person is unable to wear a face-covering due to medical reasons.” Powers received this note from his doctor as he has had multiple surgeries and has difficulty breathing as a result.

“That kind of accommodation, even in the context of COVID, is necessary,” says Lucifero. “Otherwise Staples in this case are discriminating against that client or customer on the basis of their disability.”

Lucifero suggests for individuals like Powers, stores need to adapt and have a workaround.