A Human Rights Tribunal has ordered Shoppers Drug Mart to pay compensation in the amount of $10,000, in a case surrounding Covid mask mandates.

A ruling from the Human Rights Tribunal of Ontario (HRTO) ordered Mohamed Elsabakhawi Drugs Ltd., which operates a Shoppers Drug Mart pharmacy in Mississauga, to pay Kimberly Clarke $10,000 for discrimination based on her disability.

The case stems from a September 2021 incident when Ms. Clarke, who suffers with asthma, visited the pharmacy while experiencing breathing difficulties. She was there to fill a prescription for her Ventolin inhaler, explaining her situation and asking for it to be expedited.

Ms. Clarke lowered her mask due to her symptoms, prompting immediate complaints from other customers. Despite informing staff of her condition, she stated she was met with indifference and hostility.

According to evidence, the pharmacy assistant failed to expedite her prescription or alert the manager about her breathing issues, contrary to the store’s policy accommodating individuals with medical exemptions from mask-wearing.

The situation escalated further when the manager confronted her, dismissing her explanation and insisting she wear a mask, which led to a heated exchange. Ms. Clarke was ultimately escorted out and banned from the store; an action the HRTO deemed a violation of the Ontario Human Rights Code.

Adjudicator Karen Mason’s decision highlighted the pharmacy’s failure to accommodate Ms. Clarke’s disability, awarding her $10,000 for injury to her dignity, feelings, and self-respect.

This situation unfolded during the heightened tensions of the Covid-19 pandemic and the mandates that followed; when mask policies sparked widespread debate. People were given the ability to seek exemptions when justified while, at the same time, the general public were weaponized to call out anyone who dared appear to question the mandates.

There was no legal requirement to show your medical exemption yet those who had them faced ridicule and shaming each and every time they tried to buy groceries, not from the government but from their fellow neighbours.

Cases like these may be more difficult to pursue moving forward. Last month the HRTO implemented a mandatory mediation process; a change poised to reshape how future discrimination cases, including those like Ms. Clarke’s, are resolved. This procedural change requires all applications to undergo mediation (led by HRTO mediators), with mandatory attendance when directed by the tribunal. The initiative aims to enhance efficiency however, it raises questions about its impact on more complex disputes requiring adjudication, at the very least delaying tribunal hearings significantly.

This case once again underscores ongoing challenges in balancing public health measures with individual rights, while this new mediation process promises to alter the trajectory of future human rights disputes in Ontario.

We are watching as the systems across Canada slowly fight to erode our rights and our individualities.

Every Canadian must stand up and fight back if we’re going to maintain our rights and freedoms. Every small win is still a win.

To read the substack article written by The Canadian Independent, click here