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@goinglikeelsie | 8 hours ago {when captured for KF}, 67 tweets, 15 min read |
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Ready to tweet my notes of today's BCHR Tribunal hearing of JY vs. JT, another waxing lady. This hearing is not one of the three consolidated cases in which the defendant is represented by the
@JCCFCanada - I have tweeted about two of those, the last will take place tomorrow.
Some issues dealt with before testimony starts - some of which has to do with the
@JCCFCanada and
@JurisCameron. Present is JY, JY's parent, Member - no defendant. Going to take this time to explain correct terms and start using them. Member is the "judge" and is the correct term
JY is the claimant, while the person(s) I have been calling the defendant is the respondent. Publication ban on JY's name or identifying details regarding JY. Because of this, I am using they pronouns for JY and their parent. Am using "XXX" to mask identifying details.
"XXX" may be a location, a religion, a name...hopefully, it will be apparent within context of the tweet. Pls don't identify or misgender JY in replies or retweets. Also present, myself and four other people, none are from the media - I asked. Respondent, JT is not present.
Member starts by welcoming everyone, says anyone can apply for transcript of hearing (is being recorded), notes no respondent present and says will be deciding:
-nature of JY's Gender ID
- scope of service
-was gender id factor of denial
- if factor, allowed?
- remedy if any
Member says there may be single or multiple rulings made after all cases are heard. Member must be careful as all respondents must have access to all evidence on which ruling(s) are based. Says this complaint is from Spring of 2018. At that time JY's name was XXX.
Most would consider this a stereotypical male name. Case involves leg and Brazilian waxing service. JY lets Member know that:
- they want two people banned from all hearings
- they are going to apply for $500,000.00 (half a million) in costs against
@JCCFCanada for misconduct
- says they want, basically, a closed hearing
- says Parent identified, against rules
-says harassed in real life
- shows water bottle on which they have stuck a sticker pulled off a post in XXX, sticker claims JY is a sexual predator
- says XXX (not me) is sock puppet of JCCFC
- has evidence that I have been transmitting during hearing
- says it's based on time stamps, can't show time stamps on their offered screen shots because I blocked them
- offers to show Member on screen
JY is not supposed to be on Twitter so Member asks them to turn off wifi.
Member says I was questioned during last hearing - no violation. JY wants XXX and XXX banned. Has a little brag about getting XXX banned very recently. Member sees no basis to close hearing and I can stay. JY wants to add parent as witness for this and next
@JCCFCanada hearing.
Member agrees for this hearing, procedure may not allow for next so TBD. JY asks if they should repeat their opening statement "for the gallery". Member says statements and testimony are for me, not gallery, goes right to evidence.
JY is sworn in. JY then cites numerous cases.
Cannot relay all case names but it appears some implicate Private vs. Public services. IANAL but it seems to me that JY wants to say waxing ladies are providing a public service, not private - must have legal implications. Others talk about when ignorance of law is a defence.
Lastly, if gender id discrimination is sex discrimination. Re public vs private, JY reasons that since FB is public, not private media, services offered there are public. Says, no T&Cs on wax ads, all open to public.
JY says religion as used in last two cases not a bonafide excuse, says applied indiscriminately and randomly against LGBT community. Quotes Sec.41 of BCHR Code - non- profit exception. Note: this was used to allow VRR to prefer women who have been female since birth as volunteers
Cites Wells vs. UBC. Says show that respondents are responsible for their lawyer's misconduct. Stopped by Member who says not
@JCCFCanada stuff today. JY gives as Ext #1 - 16 printed pages of screen shots of a FB Marketplace convo with JY. JT has a very asian sounding last name.
Member ask how JY found ad? JY says they don't like Craig's List and JT's ad looked decent.
In FB convo, JY asks JT if available, location (basement suite - says works in salon but this service in a home), cost, if licenced (yes). JY then asks if it is okay that they are trans.
JT - no, sharing home salon because of rent, thinks not allowed.
JY says they are confused because they are a girl.
JT - doesn't understand what transgender is. Says you were a boy before and explains she doesn't have good English skills.
JY - girl now
JT - thinks she understands, says have never done
JY - what's the issue
JT - don't mean stigma
JY - can do
At this point in the hearing, there is some drama. JY's parent said they will have to call 911 as they can tell that JY is going to have a XXX.
Deleted tweet as accidentally gendered Parent.
At this point, parent begins texting. Nice lady in gallery tells Parent that they are not allowed to text. I put up hand and tell Member. Parent (seated next to me) stands up and tells me to shut up, says "You will end up in Emergency, not me!" It was quite alarming.
Member makes parent leave hearing room. FB convo testimony continues. JT has removed her ad.
JT- can't do it, never waxed trans
JY - you never waxed a girl in 10 years?
JT - usually do nails
JY - why are you lying?
JT - don't know how to
JT - it was ok until you knew I was trans
JT - not qualified for trans, never done
JY - I'm a girl, you don't know how to wax a girl?
JT - you would trust people not good at waxing trans to do it on you?
JT - says sharing basement suite, afraid to have JY over, only me & other girl, have to trust clients
JY - do you know what discrimination is? Says will report to BCHR Tribunal. Will make a HR complaint. Says will report to City of XXX that JT is running an unlicensed business out of an unlicensed basement suite.
JT - don't be mean, said sorry. Has sm business, makes sm money
JT - only been living in Canada for a short time
JY - doesn't matter according to laws in Canada
JY lets the member know that they have done a reverse 411 lookup to get JT's legal name, says very very asian sounding name.
Now JY discusses the impact of JT's service refusal
Impact on JY
- approached many for "gender affirming" services
- lies hurt
- "load of bs"
- okay untilI say trans
- discusses new denial for facial, says has just filed new complaint, wonders if it will be same Member who hears it
- refused for wax, eyebrows, mani/pedi, eyelashes
- says religion, specifically being Sikh as excuse is "garbage", has talked to elders who don't agree
- says Member must balance proposed religious values vs. Human rights
- if religion can be used, then LGBT rights are unvalued
- gives loophole, could even refuse pizza service
- talks about trans cake case in US
Is stopped by Member who says save for closing but JY continues anyway and describes case. Member is and will give both JY & parent more leeway as no respondent or lawyer present to object.
JY - it hurts, says doesn't want to start crying
JY - refused for 16 waxes, why? Has to travel to XXX, why? Has to pay more money, why? Has impacted dignity, feeling of self worth, financial impact to travel
Member asks no salons in Vancouver will do?
JY - too expensive.
JY then asks Member if they can address price differential for gender based services (women having to pay more than men). Member - not at this hearing.
JY's testimony is over, will call Parent after break. Member reminds JY that parent's testimony cannot be used in other cases
Also due to rules, must notify
@JurisCameron who may not agree. JY then asks re costs that they say they have received in other cases when respondents have not appeared. Says it's discrimination, respondent didn't file response, didn't show up, no notice to Tribunal
JY says respondent was uncooperative, wouldn't participate in mediation, JY has had to miss work, (makes mid three figures a day) wants costs for this hearing and three more cases in next week or so where respondents will not appear.
Member points out that respondent has not delayed or prejudiced hearing, is not required to participate in mediation and as JY has filed complaint, they would need to be here anyway.
Note: Member has already said JY appears eager to settle via mediation (as easier for costs?).
Morning break. Parent comes over to me. Asks loudly who I work for? Why am I writing? Parent thinks I am affiliated with the
@JCCFCanada (I am not). I say, probably best if we don't talk. Parent says I know who you are and who you work for, "you will answer for it!"
Nice lady in gallery tells me that parent took picture of her before I got there. Member was not in the room so I go to reception to tell them about it all thinking Member will address when hearing resumes. Member does not address.
Having a quick break here, back soon.
Now it is time for JY's parent to give testimony. Parent, is now sworn in. The point of their testimony is to document the impact that the denial of services has had on JY. Will note: Parent testified a lot about the impact on themselves too!
Going to call them PY for this - Parent is too long. PY begins by saying they will not just testify as a witness but as a parent.
JY? What was I born as, boy, girl or both?
PY - both
JY? What was my gender identity?
PY - I didn't want to admit it but you wanted to be a girl
PY - JY played with Barbie dolls, Barbie clothes, said make me a dress, make me a princess
JY? Just to shut down the hate, what was my age when I got my first period?
PY - 13 or 14 years old
JY? Liked girl or boy clothes?
PY - Girl
JY? Toys?
JY - Girl
JY? Outside the house, boy or girl?
PY - boy because of the shaming
JY? Throughout life have I had major abdominal cramping?
PY - yes
JY? Why is female gender id a threat to other women?
PY - doesn't see how it should be, is it how someone looks, their body parts
JY comments about "a deeply held bias against other women."
PY - it has been emotional harassment and discrimination beyond comprehension. It's causing me to leave Canada after XX years. That's instead of taking my own life, I have threatened to.
PY - will take whole family when I leave. Will exhume XXX and XXX and take them. "Where are the human rights?" Where are the rights against publication? Why do we have to go through all 16 cases? (note - may have meant separately) Has been sleepless for 48 hrs.
PY - Dr. Is mad at them for taking care of JY. Has no strength, only from God and their religion. Their XXX gives them advice and strength.
PY continues, mostly talking directly at Member:
Stop all proceedings, bunch them together, too hard to attend so many.
PY - JY is very sick, doesn't want the, to have a XXX. Is embarrassed in front of Tribunal, on social media including this ...refers to me.
PY says their life is over and they are leaving the country. "No one will find my identity"
JY? Says wait, the impact on my mental...
PY - doesn't want to say personal details so hard to answer, JY has only slept 5 times in own bed, has been to ER 9 times...(time period is unclear)
PY asks JY: "Are you a human being right now? No, you are not?" Sick JY is not JY!
JY asks re mental impact again
PY - doesn't want to reveal medical info but big impact
JY? Asks PY what has been the impact of my (yes, mine!) tweets.
PY - says I work for
@JurisCameron, no evidence, just what JY shows them late at night, no time during the day, too many Dr. appts. Too much medical...
JY? On scale of 1 to 10, rate impact of harassment - physical, emotional and psychological?
PY - 11
JY begins a question about a stalking issue, being repeatedly stalked but stopped by the Member who asks how it is related to current JT complaint - it isn't, so no question.
JY? How important has it been having the publication ban?
PY - Very. should include their whole family, should include the family XXX.
Note: there is a part about Photoshopping here that I am leaving out.
PY - it is beyond scope, cried all night, called police
PY then says they have called police and ambulance and they are on their way. No one bats an eye and things proceed.
JY? How important is gender affirming care for me?
PY - seems to say JY came out in July, no year mentioned. Says JY told everyone before them.
PY is a a proud Parent.
PY then misgenders JY several times: calls them a XXX of the LGBT, says directly to JY, you became the XXX you always wanted to be. No one corrects PY.
JY? Affirmative gender care "validates" my gender id?
PY - yes
JY? Says with you, PY almost 24/7 (PY only has 1 private day a week). Lists places they go (burger chain, coffee chain...) asks PY to describe discrimination they have seen JY experience.
PY - after very nice meeting with Town of XXX, went to XXX, this was prior to JY's XXX
PY - they wouldn't serve JY any food, only a drink. Also discrimination at other location.
PY then says
- they are not racist
- but race and religion have been used against JY
- their position is two points: wanted to ask SGF (father of SG from last
@JurisCameron case)...
PY then breaks off to say that they think the Tribunal shouldn't have let SGF use a translator. Why did the Tribunal agree? Says their tax dollars paid for the translator, doesn't want their money going to the translator. Says of SGF, how long in Canada? SGF should know english.
PY continues, "can't force religion and culture on us". Human rights should trump religion, every religion. Is translator there when SGF does daily things? Why do they get to "use religion to waste Tribunal time?"
Member points out that they are giving PY lots of leeway but this is not relevant to current JT case.
JY? More examples of in person discrimination?
PY - XXX, JY wanted eyelashes for an important legal appearance - was denied. Eyelash woman on vacay, PY asks, yes, no problem
JY? PY, you were sitting with me at the dining room table, told me what to say when requesting wax services, saw the backlash?
PY - yes
JY? Denial of service, discrimination and backlash are a form of neo nazism (more of a statement than a question)
PY - why go there...
Note: going to leave some stuff out here due to pub ban.
JY? Neo Nazis use ideology - trying to make BC a neo nazi state.
PY? They take over an area, like Hitler and make it their own. Canadians don't understand.
PY then says they can't have a party for XXX because of XXX.
JY? Impact on me?
PY - enough already, I answered a thousand times
JY? Describe my personality?
PY - wonderful XXX, deeping love day by day, proud & applaud you, wonderful person & wonderful mission
PY then misgenders JY : becoming the "XXX of the minority." No one corrects PY.
Member stops the questions. Says JY & PY must be prepared. Member has given lots of leeway that they may not get tomorrow with
@JCCFCanada case. Likely PY will not be allowed so much testimony. Member says allowed leeway but will weigh testimony given.
Member says that arguments, opinions and non relevant information won't be allowed. Member has discretion and will exercise it strongly, especially in light of time constraints.
Says if JY brings up,online harassment, they are opening a can of worms as
@JurisCameron can address it, (other side, causes?)
JY? Is there a max threshold for costs re improper conduct?
Member says no threshold. JY gives a little laugh and says okay.
PY doesn't want to be questioned by
@JurisCameron
JY wants to put two upcoming cases together. Both have no respondents are appearing. Rsspondent in one is out of business. JY says too much planning around travel - can't take the Skytrain (no pic replies please!)
JY asks Member question about sharing citing case with
@JurisCameron. PY asks how they can stop me (yes, me). Member says hearing is public as long as everyone is following the rules. PY is worried that their name will become public.
Member says no one can give details identifying JY, PY's name would, no one can publish it. JY finishes up by telling Member that they are now going to see police to get, (also says file, refile) order against
@preta_6. Says restraining, not sure if JY means only publication ban.
Hearing is over. member leaves. Nice lady from before points out Parent is trying to take our (my) picture. We say stop, not sure if they got a pic or not. I stopped again at reception, asked if I told parent that they did not have my consent. I said yes.
I later called the BCHRT office to reiterate that parent had:
- said "you will end up in emergency, not me"
- said I know who you are and who you work for. "You will answer for it"
- tried to or actually did take my picture
I told them that members of the public should be able to attend the hearings without fear of harassment and that I would like to see Parent's behaviour addressed. That's it for now. Will be at third
@JCCFCanada case tomorrow, talk to you soon.
{end}