We, the undersigned residents of the Province of British Columbia, respectfully request that the BC Human Rights Commissioner launch an immediate inquiry into the discrimination in accommodation, service and facility against many British Columbians due to their physical or mental disability or age.

It is well established that SARS-CoV-2 is an airborne, federally-designated Risk Group 3 biopathogen. SARS-CoV-2 is in wide circulation and has been designated a Health Hazard by the Provincial Health Officer. SARS-CoV-2 exposure risk is much higher in indoor spaces, including public facilities such as schools, health clinics and hospitals, community centres, government offices, etc. SARS-CoV-2 exposure risk is mitigated substantially by universal public masking as well as in-room and building scale ventilation and air filtration specifically designed to dilute, remove and/or filter airborne biopathogens. Buildings constructed or upgraded to meet current BC Building Code are likely not capable of protecting occupants from SARS-CoV-2 exposure and infection.

It is well established that certain classes of persons are more vulnerable to adverse outcomes from SARS-CoV-2 infection (“COVID-19” disease): those with physical disabilities, including those with suppressed or compromised immune systems; those with mental disabilities, such as neurodevelopmental conditions; and those who are too young for COVID-19 vaccination and those who are elderly. We also do not believe any child should be placed at greater risk simply because their parents declined to protect them via immunization.

We believe that the Province of BC, specifically through policies developed by the Provincial Health Officer and Provincial Health Services Association, are discriminating against British Columbians based on their physical and/or mental disabilities and their age by not providing safe public services or facilities or reasonable alternatives as accommodation even though these groups are at much greater risk of adverse outcomes from SARS-CoV-2 infection.

We also note that the response from the Provincial Health Officer to the Human Rights Commissioner’s March 16, 2022 letter contains many inaccuracies and may have been issued in bad faith.

We believe the following sections of the BC Human Rights Code are particularly relevant to our request

Oath of commissioner
47.05 Before taking office, a commissioner appointed under section 47.01 or 47.03 must make an oath or solemn affirmation before the Clerk of the Legislative Assembly to faithfully and impartially exercise the powers and perform the duties of the office.

Powers of commissioner
47.12 (1) The commissioner is responsible for promoting and protecting human rights, including by doing any of the following:

    (l) initiating inquiries under sections 47.14 and 47.15.

Commissioner's inquiry
47.15 (1) If the commissioner is of the opinion that an inquiry into a matter would promote or protect human rights, the commissioner may inquire into the matter.

         (2) An inquiry may be conducted in public.

"discrimination" includes the conduct described in sections 7, 8 (1) (a), (9) (a) and (b), 10 (1) (a), 11, 13 (1) (a) and (2), 14 (a) and (b), 43 and 47.21;

Discrimination in accommodation, service and facility

8 (1) A person must not, without a bona fide and reasonable justification,

     (a) deny to a person or class of persons any accommodation, service or facility customarily available to the public, or

     (b) discriminate against a person or class of persons regarding any accommodation, service or facility customarily available to the public

     because of the Indigenous identity, race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation, gender identity or expression, or age of that person or class of persons.

We respectfully urge the BC Human Rights Commissioner to launch an immediate inquiry into this widespread discrimination that is affecting the right of all British Columbians to safely access public services and facilities.