21 May 2022 – 08:00
A Kelowna man is suing the City of Kelowna after he was blocked from contesting a parking ticket because he refused to wear a mask.
In a Notice of Claim filed in the B.C. Supreme Court on May 12, Brian Rogers says he was escorted out of Kelowna City Hall after refusing to put on a mask.
The court document says Rogers received a parking ticket for an expired meter in September 2021 and contested his ticket.
However, when he arrived at city hall a few months later to challenge the ticket, he refused to wear a mask.
“The petitioner has the absolute, constitutional and fundamental right…of unrestricted access to all courts and places of adversarial hearings against him by the government, including the City of Kelowna and including for the hearing of his dispute”, the Notice of Claim reads.
“The forced compulsion to wear a mask in order to be heard before the judgment is a restriction of the applicant’s rights.”
Brian Rogers, a resident of Kelowna, ran in the People’s Party of Canada riding of Kelowna—Lake Country in the 2021 federal election. It is unclear if this is the same man who filed the complaint.
According to the court document, the arbitrator in the Rogers case entered the council chambers without wearing a mask.
Rogers followed the same route but was later stopped by three commissionaires.
He then asked to see their identity cards but they all refused.
Rogers refers to them as “alleged” commissionaires in court documents.
“There is a violation of the petitioner’s equality rights (under) the Charter of Rights and Freedoms, where the arbitrator was present at City Hall without a mask, entered the council chambers without a mask and (Rogers) was refused entry for his very reason,” the court document read.
After Rogers was escorted out for not wearing a mask, his hearing began and because he was not there to plead his case, he was found guilty.
The City of Kelowna has yet to respond to the complaint. None of the allegations have been proven in court.
Rogers did not return our calls for comment.
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