Fine for no mask in store upheld

HALIFAX — A woman fined for refusing to wear a nonmedical mask at the Atlantic Superstore in Liverpool has lost her court challenge.

Nova Scotia provincial court in Bridgewater heard that at about noon on Dec. 7, Nicole Serene Martens was grocery shopping with no mask, in contravention of an order by chief medical officer of health Dr. Robert Strang under the Health Protection

Act to limit the spread of COVID-19.

When RCMP Const. Stephen Murphy approached her and asked that she put one on, Martens refused, saying she had a medical condition that prevented her from wearing a mask. Murphy testified that he did not notice any signs of a medical condition and wrote Martens a $1,000 ticket.

Martens appeared in Bridgewater provincial court June 14, still refusing to wear a mask.

She pulled her shirt up over her face when she was closer than two metres away from other people in the courtroom.

Martens argued that she had a medical condition that causes her to hyperventilate when wearing a mask and that the ticket was a violation of both the reasonable accommodation section of the Nova Scotia Human Rights Act and a violation of Canadian Charter of Rights and Freedoms.

“Ms. Martens stated she had past trauma that causes severe anxiety when her face is covered, she did not provide any detail of this past trauma … she stated she hyperventilates, has a hard time breathing, and gets headaches and gets panicked,” justice of the peace Lisanne Jacklin said in her ruling.

Martens offered no evidence from a medical professional to support her health claim and Jacklin noted in her decision that Martens showed no signs of distress while testifying with her shirt over her nose and mouth.

“Even if she qualifies (which the judge found she didn't) for an exemption under the Human Rights Act, I find Ms. Martens did not exercise due diligence in determining if the Atlantic Superstore had reasonable accomodations available to her such as curbside pickup, so she could avoid entering the store without a mask and exposing other patrons risk,” reads Jacklin's ruling.

“Further, she attended the store with her husband, who could have entered the store in the first place.”

Jacklin ordered Martens to pay the fine before April 22, 2022.