Hello every One, and welcome to the Magical Monday Motive A Sean Edition, thank King or Queen You for joining Me in My House. If You are curious about today’s Title, it’s ‘oui’ with a ‘d’, which means ‘yes’ in French (pronounced ‘We’), and… We’re not quite sure about the ‘d’ on the end, but maybe it stands for Dave [Rogers] the ‘director of retail operations’ for a recreational Cannabis chain called ‘Ouid’ (and meant to be pronounced ‘weed’).
If You were confused, You’re not the first. My Friend was calling it ‘oh-id’ until I put the pieces together for him. It is an unusual name for a primarily English speaking province (I anticipate the Word Play Will be more well received in the province of Quebec), and it was the Motivate-Sean for My Monday.
I stopped by ‘Ouid’ last Friday. It would have been My third time visiting the store and I must confess, the service had been exceptional on My first two visits. I have a ‘medical mask exemption’, which means (as One Will suspect) that I am exempt from wearing a mask in public places where it may otherwise be recommended. Not once was I questioned about not having a mask on My first two visits, and I even thanked the individual who greets People at the door after My second to let them know how refreshing it is to not only not be discriminated against for not wearing a mask, but for not even being compelled to explain My Self. The individual replied with,
“Our pleasure, it’s our goal to make every One feel welcome.” (paraphrasing, but very close).
Sadly, that was not the case on My third visit. On My third visit, the staff member behind the counter was as King of Me if I require a mask, to which I replied, “No, thank You – medical exemption.”
“Oh, okay. Can You wait here for just a moment?”
I had a feeling I knew what was coming, but I like to remain optimistic. A few minutes later, a man introduces himself very proudly as ‘David Rogers, operations manager.’
“You need to wear a mask or we’re not going to serve You.”
Not at all thrilled about having to educate Dave, “Yeah, the Emergency Measures Act does not allow You to discriminate against People with a medical mask exemption.”
“I’m a private business, I can discriminate against any One.”
“You realize You Will be commercially liable for refusing Me service and discriminating against Me?”
“Really? Does $100,000.00 sound fair?”
“That sounds great!“
“You realize I’m not joking, I Will place You on Notice for the forementioned amount.”
“Yup, that’s fine – You can grab My business card at the front desk on Your Way out.”
So I made My Way to the front door and was as King of the staff member for Dave’s card, not knowing Dave was right on My heels. David handed Me his card himself, and I took My leave.
Now really, with so many other things going on in My microcosm, this is just one more hassle I don’t really Wish to deal with. Typically, if there is a business that Will discriminate against individuals for a mask exemption, I Will just make a mental note to never Give that place any more of My business. I have had no problems doing My groceries and other shopping essentials. Even when I had to go to a Rogers store to use their phone to get My internet sorted out, not ONE staff member mentioned a Word about Me not wearing a mask, and I’m using their mobile phone which I Will obviously be breathing into, and Will be touching My face. (I did use wet wipes they had on hand to sanitize the entire phone when I was done and say ‘thank You’.) But really, they were exceptional, and it’s unfortunate that I am only mentioning it now as the result of a business that was the polar opposite of how I was treated by Rogers staff.
I’ve said before that I really do not like placing People on Notice, but what other choice do I have? If I don’t follow through it Will only empower David and allow him to believe that he has the right to discriminate against an entire group of People for reasons beyond their control. How many of those other People Will assert their rights, place David on Notice and hold him accountable for his unlawful Acts? I am thing King very few, and I’m also thing King those are the odds David was betting on, too.
Well, it gets even better. Sometimes, a Notice is all it takes. Didn’t take Shoppers Drug Mart more than a single Notice of Civil and Criminal Liability to re-educate their entire staff. I kid You not, I was never hassled again in Shoppers, no One even bothered to be as King of Me why I don’t wear a mask after that Notice was served. The only downside was that some of the staff appeared visibly nervous in My presence, as if they had shown a picture of Me to all their staff or something. I don’t place People on Notice because I Wish to get rich, I simply Wish for People to respect the Law, and the inherent rights of Canada and the world’s People.
David Rogers on the other hand… Not such a quick learner. I’m going to Post the entire email correspondence and resulting contract, and I strongly encourage You to read it. I very plainly state what the provincial laws are regarding masks and the very clear requirement of businesses to respect the rights of People with mask exemptions. I tell David that I don’t really Wish to charge him for his offence, and if he agrees to apologize and retrain his staff, all is forgiven. Well, David decides it might be Fun to try to further intimidate and discriminate against Me by Issuing a Notice of Trespass, informing Me that if I return to his store, he Will charge Me with trespass and call the police.
Before I share the correspondence, I Wish to let You know a couple of My other considerations. I could have done nothing at all. His Trespass Notice is proof of receipt of My email Notice of his Civil and Criminal Liability to Me, and by responding and not protesting any of the legal and lawful arguments of My Notice or the terms and conditions, it is legally considered to be an ‘Offer of Acceptance and counter offer’.
He’s legally (and Lawfully) saying, ‘okay, I agree to Your terms, these are My terms’.
I have a very nice Letter of agreement (contract) from the Ottawa Police Service stating they Will ensure the protection of My rights in the city of Ottawa, or the resolution agreement between Us becomes null and void (and they become liable to Me once again for the unlawful arrest and assault perpetrated by Christopher Jenkyn).
So I could have just taken My chances and returned to the store anyway, let David call the Ottawa Police to arrest ‘Sean von Dehn’ for trespass, and see what happens. I could also just call the police My Self and be as King for an escort to the store because I fear for My safety, advising they are discriminating against Me for a medical mask exemption. I don’t really think the police Wish to Give Me any more reason to sue them. I have a feeling they may have had Fun educating Dave because police like to flaunt their authority.
But the Trespass Notice takes the discrimination one step further because now David is causing Me harm that is specifically directed toward Me – now he’s not just discriminating, he is attempting to cause Me harm specifically for asserting My rights (which is another form of harm/tort).
So, just as Dave accepted full liability by responding with a Trespass Notice, I figured I would also reply with a conditional offer of acceptance. I agreed to the terms and conditions of Dave’s trespass ‘Order’ and told him he Will be billed per diem 1 oz of Gold. I can’t even take My normal walking route through the plaza because David’s business shares a sidewalk that I use. David is Issuing an Order, and when One places an Order, it is expected that One Will receive a bill for what One is as King for, right? Did You ever order a pizza without any expectation to pay? Of course not.
This is probably the ‘easiest’ Court case for Me to win because everything is so black and white, so I figured that although this happened on Friday, I Wished to spare David the humiliation and reputation of his business by keeping Our emails private until he had the weekend to be thing King it over.
Well, the Motivate-Sean this Monday, is that there was no protest to the terms of My counter offer, and We have an official, legally binding, consensual contract. I’ll be adding this to the International Public Notices page shortly, and Will not be in any rush to commence this claim as stand to earn 30oz Gold per month so long as the trespass order remains in effect.
Never a dull moment. 😉
Love and Blessings,