Radio show lady: Hello everybody, how are you, welcome to Media Nation. It’s another beautiful day in our wonderful city, I’m so happy to be here and thank you so much for joining us. We’d love for you to call our show, it’s Media Nation, I’m Carlene Nation, you’re listening to Seaga 960 AM Radio. We’re touching on a controversial topic, one with many layers. I would say multiple layers. It has to do with a trans woman who wanted to get brazilian waxing services done, and she called up a number of estheticians, and these estheticians said that they could not perform brazilian wax on a trans woman who has male genitalia. That is essentially what was happening here. The trans woman filed multiple human rights complaints, and a number of these women, these estheticians, many of them are from various ethnic backgrounds that in some instances prevented them from working on male genitalia, if you will. In this instance the transwoman did what she did, she filed multiple human rights complaints and in some of these cases, these estheticians were forced to shut down their businesses because they couldn’t handle the expense of the legal case, and they were so distressed and distraught. So businesses were shut down. In one case, the Justice Centre for Constitutional Freedoms intervened, and the complainant, a transwoman by the name of Jessica Yaniv, eventually cancelled her complaint against this esthetician. And in one case, out of the multiple cases that were filed, the esthetician prevailed with assistance from the Justice Centre for Constitutional Freedoms. I would like to welcome today our guest John Carpay, he’s a constitutional lawyer and the president of the Justice Centre for Constitutional Freedoms. Welcome to the show, John Carpay. Is John there? Ok, John will join us very, very shortly. Essentially the JCCF intervened in this case, and this esthetician prevailed, making the case that she wasn’t properly trained to do that particular type of brazilian waxing. I have to make it very clear, I support Canadians of all gender backgrounds getting the services that they wish. I support them getting the services if they want to go to a business, I support them getting the services. But I have a problem with human rights complaints being filed, and these human rights organizations going after small business owners, and forcing business owners to shut down. That is problematic for me. Do we have John on the line now?
Jessica: This is Jessica Yaniv, I’m here
Radio show lady: Oh Jessica. Hi, Jessica, how are you?
Jessica: I’m ok, how are you?
Radio show lady: I am very very good, thank you so much for joining Media Nation today. Jessica, tell me, what happened, why did you file these human rights complaints?
Jessica: Well, I have been transgender since age 6, but living quite a private life, and you know, I really wanted to seek this gender affirming care which I consider like facials, waxing, manicures pedicures. One really important thing that I want to note that the JCCF or the justice centre has not revealed is, these are not all cases about brazillian waxing. I had a case where the justice centre represented with refusal of an arm wax. So I’ve been refused services for things such as facials, pedicures, manicures, Indian head massage, massage, waxing, arm waxing, leg waxing, you name it, I was probably rejected for it. And I’m finding this to be honestly ridiculous, because you know, if people are going to start refusing services just because they claim religion and claim culture, it opens up a very very dangerous precedent where technically, anyone can get rejected service even if they’re not transgender, it doesn’t matter. I’ll give you an example here, like Vancouver Rape Relief, I reside close to Vancouver British Columbia, and Vancouver Rape Relief, they refuse to house women who are trans. But would we also accept if that fact if Vancouver Rape Relief refused to house women who are Sikh, Muslim, white or black, just because they want to. It’s essentially the same thing here, that we’re opening up a very very dangerous precedent where anyone can go and refuse service for any basis that they want because they claim religion or culture.
Radio show lady: Let me be clear, Jessica, I support you as a transwoman, as a Canadian. You should be able to go to any business and ask for a service, if the business offers that service, and you should be able to get the service. What I find problematic are these human rights complaints, where these businesses essentially were shut down. Many of these women couldn’t afford the human rights process, and they shut down their businesses. I don’t think that’s a positive situation.
Jessica: I don’t either, but I just want to make mention here that the Marcia Di Silver, or as could call her Marcia Decaba [?] complaint, she has only been in business for what the representative for the justice centre has stated, she had only been in business doing waxing for three weeks, and I was her only potential client. So I find it much of a stretch that the media has put out that I shut down this business, like the other businesses that I’ve filed complaints against, like I have one complaint that was against a hair salon. The hair salon literally got broken in to by somebody and shut down within three weeks of me filing the complaint. Another business, Marl Norman [?] got their lease suspended, Merl Norman cosmetic studios in Burnaby, it seems, suspended by the landlord because I did advise the landlord, and the landlord was originally in the human rights proceedings. But, these complaints, you know, if a business decides to pull out, it’s really not my issue here, like for example with Merl Norman Burnaby which is gonna be heard on the 26th, well I’ll give you a little bit of a backstory here so you can understand where I’m getting at, is Merl Norman Burnaby, I originally booked, I called them, like I can even play the recording if you wish.
Radio show lady: Yes, it’s ok, you can tell the story, yes
Jessica: So, basically, I went and I phoned them, this was like around 8 o’clock in the evening, specific, I went on my phone and I said ‘hey, I’m gonna be in the area, I’m really looking for a brazilian wax.’ And I booked this under my male name, so the person that answered the phone had absolutely no issue with the wax. And right before she hung up, I just let her know that I am getting [cant tell] for my name, it is my male name, which I’m not gonna repeat on the phone, but is there an issue, because I’m transgender? And they say ‘Oh no, sorry, we can’t do that”. That’s where I have an issue. Because all of these complaints, the other ones that are gonna be proceeding on the 26th as well, they had no issue with doing the services on a male, for example. They have an issue with doing it on a transgender person. Thats why these complaints are filed, because they’re basically, a lot of these cultures don’t exactly believe in transgenderism, I get it. But they should not use their culture in order to refuse service, just because that’s what they believe in. It goes into the same type of precedent of what happened in the States with the masterpiece cake shop, where someone wanted to get a cake done for their kid, the kid identifies as a different gender, they asked for a different colour like blue or pink to be put on the cake, and the baker refuses because of their religion, and they don’t believe in it. That’s basically what we’re running into here, and if this gets accepted, this type of behaviour gets accepted in Canada, it’s gonna create quite a problem for everybody. And thats why I filed these complaints, it’s not about being transgender, it’s not about waxing at all, it’s basically about people using their religion and culture to refuse service on any basis that they want, when they want.
Radio show lady: In some instances, the women had indicated that they had never performed a brazilian wax on male genitalia, so to speak. And so they have some issues, in terms of doing it properly, in terms of doing it safely. I mean, I’ve been waxed many times and I can tell you, in some instances you get burnt from the hot wax, etcetera, you have to be so careful, and you only go to people who do the job properly and who are equipped to do it. I understand your situation, I’ll tell you why. My sister has had a store for many years, and the esthetician, they were doing makeup and wigs for women, they noticed they were downtown, they were getting trans women who were coming in who wanted wigs, they wanted makeup, and so my sister has added that on to the business. So I do support, and I want to make it clear. Trans women, trans men, should get the support that they need out there from businesses. But my sole, I was sad to hear that some of these businesses, you explained that there were various circumstances as to why some of these businesses were closed down. I have a problem with a human rights commission coming down heavy handed, instead of everybody sitting in a room and working things out, and yes, working things out in a way that would be good for both parties. I have a massive problem with these human rights commissions -
Jessica: And I totally agree with that, like originally 16 complaints were filed, and basically a lot of those respondents ended up giving me fake names, fake info, fake phone numbers, and I wasn’t able to proceed with about four of those complaints. And these complaints were actually pretty serious, and it was disappointing they couldn't proceed, to have to withdraw those. And then another four of them were actually solved in mediation, and I have actually been pushing mediation since these complaints were filed and accepted. And you know what, these issues can be resolved, not in a hearing, not under all the stress and under all the media attention, we can all solve many of these issues in mediation. And I have solved many issues in mediation, about four or five of these cases, and it has gone extremely well. So you know, when the justice centre, it seems like they don’t believe in mediation. Because I’ve requested them to seek mediation, you know, the thing with mediation which a lot of people don’t understand is if things are not resolved in mediation, you can go to a hearing. But the justice centre immediately shutting down the fact that ‘oh, we don’t want to deal with mediation’, because they just wanted to go directly to hearing. They didn’t want to give their clients the opportunity to settle this amicably in a mediation session.
Radio show lady: In many instances though, these women do not have five, ten thousand dollars to settle a case. They’re small business owners, I mean for a small business owner to come up with ten grand, they’re basically out of business.
Jessica: Exactly, which is why there are organizations like the justice centre, that do this pro bono, but the justice centre, like any type of firm, can settle things in mediation without putting all of the stress on their clients.
Radio show lady: And we’re gonna be speaking to John Carpay with the JCCF very shortly, Jessica, one more thing, I spoke to Lindsey Shepherd yesterday, and Lindsey Shepherd was banned by Twitter because she had an interaction with you, on Twitter, she felt that you were attacking her, you made references to her genitalia, she pushed back, and she was banned. What was that situation about?
Jessica: Well, to be fair, Lindsey Shepherd has been attacking me on Twitter since about November of 2018, where I essentially kept quiet on them, I reported things on the back burner. Eventually I had to stand up, I am under the assumption that Lindsey and the JCCF have a multitude of fake accounts, which is why I have brought forward a 500,000 costs application that unfortunately has to go against all of the respondents that the JCCF is representing, all three of those, which is very unfortunate, however I don’t really have a choice with this because I cannot seek costs directly against the council for their behaviour. And there has been a multitude of improper conduct faults from Mr Carpay, actually mostly Mr Carpay, and from Lindsey Shepherd.
Radio show lady: In the case of Lindsey, I think it was inappropriate to make references to her genitalia. And if someone did that to me on Twitter, I would push back quite hard.
Jessica: To be fair, both Lindsey Shepherd and the JCCF have made multiple inappropriate comments about my genitalia for months, and I just made one snarky remark about Lindsey. But the multitude of inappropriate comments have come from John Carpay, and Lindsey Shepherd. It’s unreal.
Radio show lady: I thank you Jessica Yaniv, thank you so much. I mean, yes you took some heavy criticism on social media, on Twitter, I applaud you for taking the time.
Jessica: And I do wanna say one thing, when it comes down to things like an arm wax, for example. Like an arm wax or a leg wax, like give me a break on those. With Shuti Hee Hargel [?], I find it absolutely ridiculous that someone can literally institute religion and culture into this. And the other thing I want to mention is apparently there’s, this respondent is on a low income basis. And they were in a pretty good job as a care aid in the Freemont health authority [?], but according to them, when they got married they left that job due to the fear that they’re going to touch a biological man. I just find that, I don’t really know what to say. You’re taking a potential 25,000 dollar income in annually, and you're taking that allegedly down to 500 because you’re so afraid of touching a biological man. It’s just, it blows my mind.
Radio show lady: I see your point, what I think should happen is there should be a meeting with the transwomen community, with the esthetician schools and the esthetician businesses. Have a big public meeting and everybody, talk to these esthetician schools about teaching how to wax carefully, because a male genitalia needs to be handled carefully, so I think instead of calling these businesses and say, do the service, they say no and then there’s a lawsuit, I think there are some other ways around it.
Jessica: What I do want to touch on is that a lot of these businesses I have filed complaints against are not even licensed, nor is it to my belief that they’ve undergone any kind of official training as well.
Radio show lady: In that instances you could even wind up being burned or-
Jessica: I know, I will admit it is very very very risky.
Radio show lady: I would not go to an esthetician that is not a responsible and a reputable organization. I thank you so much, Jessica. It was very courageous of you to hunt me down, call me on the show, and get out your point of view.
Jessica: Yeah, I just wanted people to hear my side of the story because unfortunately organizations like Feminist Current and other ones, I’m just watching my Twitter, they’re not seeking my opinion on this, they’re just publishing things. I really appreciate you giving me the opportunity to reach out to you.
Radio show lady: Thank you so much, I appreciate it and we will follow up with you again. Thank you Jessica Yaniv.