Is Someone Who Does Not Use A Mask A Murderer?

In the Cold War, there was a particularly horrible war strategy. Some messengers took letters to their enemies, when they opened them, they found a biological or chemical agent that entered their body and killed them. Was that homicide? The person who put the disease into the letter, was he a murderer? The answer is obvious.

Although the Cold War is now a thing of the past, every day thousands of people commit a crime as heinous as the one mentioned in the previous paragraph. That is why this article will explain from a legal point of view how people who were innocently infected with Coronavirus can receive justice.


A person can be sued for voluntarily transmitting the Coronavirus because the deliberate transmission of harmful biological agents is a crime.

The Canadian Criminal Code in its article 431.2, establishes that all “dissemination or impact of toxic chemicals, biological agents or toxins or similar substances” that represent a risk to others is considered a “lethal device”.

In number (2) the law continues saying that “Every one who delivers, places, discharges or detonates” a “lethal device” against a public place “is guilty of an indictable offense and liable to imprisonment for life.”

Although these two segments of the law apply to which are considered more serious situations, they illustrate the viewpoint of the Canadian Law against the spread of lethal diseases.


There is no need to go so far to appreciate that the law also talks about the Coronavirus. For example, recently (in November 2020) some amendments were added to the Canada Labor Code. Division XIII.01 is literally called “Leave Related to COVID-19”.

In that section, there are several circumstances in which a worker can abstain from work due to contracting Coronavirus (read here). But in this case, the important thing is just the opposite. That is, if that part of the Law says that a father can be absent from work to take care of his child who has Coronavirus, the employer must let him do so.

For example, there is a segment of that law that says:

“Every employee is entitled to and shall be granted a leave of absence from employment of […] up to two weeks […] if the employee is unable to work because […] they have isolated themselves on the advice of […] a medical practitioner, nurse practitioner, person in authority, government or public health authority for reasons related to COVID-19 ”

So, if this employee decides not to go to work because he sees that there are many of his colleagues at work who have symptoms and his employer still forces him to work, the employer is committing a crime. And he could be sued for it.

Note: Not all provinces of Canada have specific laws that require the use of a facial mask (mask mandatory). In places where there are no specific rules in this regard, the victim should consult with an attorney to determine whether or not it is possible to pursue their claim.


Let the law itself answer this question. According to the Canadian Criminal Code, Part VIII called Offences Against the Person and Reputation:

(1) “Culpable homicide is murder

a. Where the person who causes the death of a human being […]
ii. means to cause him bodily harm that he knows is likely to cause his death, and is reckless whether death ensues or not; ”

Is that not precisely what a person does who knows that he has contracted the virus and still goes out without a mask?

Today no one is ignorant that the Coronavirus ‘is likely to cause someone’s death’ and yet many who are carriers of the virus recklessly decide not to wear a mask. So yes, a person who goes out with a mask knowing that he is infected with COVID-19 is a transgressor of the law and a murderer who must answer for his actions.


Due to the serious damage that the Coronavirus causes, the stress caused by the recovery process, and the agony that family members experience after a regrettable loss, personal injury lawyers are committed to helping people who have been victims of irresponsible contagion from Coronavirus.

If you or someone in your family is going through these very difficult circumstances, we invite you to find a personal injury lawyer Medicine Hat to help you identify the person responsible for the matter and, if possible, get fair compensation for lost wages, medical expenses, and suffering that you had to go through.