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An anti-masker who filed in a Human Rights Tribunal dispute against Costco, after the supermarket refused him entrance without wearing a mask, has been given another chance to prove he has a disability.

According to a Feb. 9, B.C. Human Rights Tribunal decision, Robert Jackson has refused to submit evidence saying he has a disability that means he can't wear a mask.

The anti-masker argues that medical information is "privileged."

And while the Tribunal states it could simply dismiss his case because he won't submit any evidence to support his claim, instead, it decided to give Jackson more time.

According to the decision Jackson went to an undisclosed Costco store and refused to wear a mask.

"I was told to leave if I do not comply with their company policy after I had informed them that company policy does not override the Charter," Jackson argued in his submission to the Tribunal. "I was denied entry to the store. Demanding someone to ignore their Charter Rights to freedom of thought, belief and opinion is humiliating and dehumanizing at the least."

Once Jackson had filed his complaint with the Human Rights Tribunal he then refused to submit evidence in the form of a doctor's note to Costco, contrary to what is required in legal cases.

Jackson argues Costco is using "force" to get him to hand over his medical records.

"There is no legal, lawful or any other obligation requiring anyone to divulge the nature of their medical conditions with anyone whatsoever," Jackson says in his submission.

However, in an unusual move, the Tribunal takes the time to explain to Jackson his "misunderstanding" of the law.

The Tribunal points out that to establish discrimination, Jackson must prove he has a disability under the B.C. Human Rights Code.

"The doctor’s note and other documentation concerning his disability is relevant to whether (Jackson) has a disability and whether the disability prevents him from wearing a mask," the Tribunal says in the decision.

READ MORE: For the first time, anti-masker wins minor victory at Human Rights Tribunal

The Tribunal goes on to correct more of his false statements.

"(Jackson) asserts that his Charter rights were being violated when the Respondents required him to wear a mask or face-shield to enter their store. The Charter applies only to acts of governments. It does not apply to the acts/behaviour of individuals or private businesses. Therefore, the Charter is not relevant to this complaint against (Costco) who are a private business and an individual," the decision reads.

The Tribunal then goes on to explain privacy law.

"The (Privacy) Act does not apply to this circumstance where a complainant is required to prove disability as an element of a discrimination case based on disability," the decision reads.

The Tribunal references a previous case where a woman refused to disclose what her disability was stopping her from wearing a mask and then promptly had her case dismissed.

Ultimately, the Tribunal orders that Jackson submit a doctor's note and "all medical records" relating to his disability, as well as the names and addresses of all medical professionals who have treated his disability.

If he fails to submit the information by Feb. 22 his case will automatically be rejected.

READ MORE: Another anti-masker loses Human Rights Tribunal case

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