Delivered by hand ca. 4 pm, on 31.8.2021. The owner was there, grabbed the notice from the reception desk before I could explain and take a photo record of delivery. Waited for ca. half an hour, mostly outside. In the end notified a waitress that I can’t wait any longer and drove off.
Delivered by hand, August 31, 2021
Notice of Liability
Attn: The Owner of Planet India restaurant
#17-13775, 72nd Ave,
Surrey, BC, V3W 1Z9
This is your official and personal Notice of Liability.
On August 30, 2021, about 4 pm your employee denied me service in your restaurant because I don’t wear a mask, being a mask-exempt person. Provincial legislation/public health orders oblige to serve me:
Emergency Program Act, Ministerial Order M012 by the Minister of Public Safety and Solicitor General:
[…] Exemption from use of face covering
4 Section 3 [Face coverings required in indoor public spaces] does not apply as follows: […] (b) to a person who is unable to wear a face covering because of (i) a psychological, behavioural or health condition, or (ii) a physical, cognitive or mental impairment;
BC CDC guidance http://www.bccdc.ca/health-info/diseases-conditions/covid-19/employers-businesses
Employers have a duty to accommodate customers and workers who may not be able to wear masks for disability or other medical reasons. If a worker or customer shares these as reasons why they cannot wear a mask you should accommodate per the information provided by the BC Human Rights Tribunal.
Poster: Exemptions to mandatory mask orders https://bchumanrights.ca/mask-poster/
Over and above the aforementioned, I have the right to life and liberty, incl. the right to be served by businesses run to serve the public. Unlawful actions of your employees are in direct violation of the Canadian Constitution, the Coronation Oath, the Charter of Rights and Freedoms, the Bill of Rights, and the Universal Declaration of Human Rights. There are no provisions in any orders of any health minister, doctor, or provincial legislation, that can, nor pretend that any measures can, override Charter or other pre-Charter constitutional rights.
Even if the Federal Government had invoked the Federal Emergencies Act, which it has not, even that Emergencies Act states:
AND WHEREAS the Governor in Council, in taking such special temporary measures, would be subject to the Canadian Charter of Rights and Freedoms and the Canadian Bill of Rights and must have regard to the International Covenant on Civil and Political Rights, particularly with respect to those fundamental rights that are not to be limited or abridged even in a national emergency.
I am under no moral or legal obligation to comply with any Orders to wear a mask and socialist-distance.. Section 52(1) of the Constitution Act, 1982, clearly states that any law that is inconsistent with the Constitution is of no force and effect. Therefore any measures taken by you to compel compliance by means of:
• posting signs requiring obedience to pandemic measures based on fraudulent science at every step of the plandemic management process
• harassment in an attempt to demean (treating like a leper), humiliate (showing the door), and coerce (offering a mask to wear in compliance with unlawful public health orders)
• apartheid-like refusal of service otherwise given to masked clients
…will be met with a human rights complaint, civil litigation, and/or potential criminal charges against you.
I will hold you personally culpable for any type of loss and/or injury and for my right to service.
You are now on Notice.
Print Name: Piotr Bein
Date: August 31, 2021