CARPAY: 16 Vancouver women facing human rights complaints for refusing to wax transgender woman's male genitalia

One of them, Shelah Poyer, is a single mom who works out of her home. JY was willing to withdraw his complaint in exchange for $2,500. If JY is demanding similar sums from the other 14 women, he stands to receive as much as $35,000 for dropping his human rights complaints.

John Carpay Calgary AB

"JY" publicly identifies as a woman, but still has all the male parts.  In recent months, JY approached 16 Vancouver-area female estheticians who only serve women, requesting a "Brazilian" bikini wax on his groin area. If paying homage to political correctness, one would say that these 16 estheticians will only remove pubic hair from "a woman without a penis." Apart from the legitimate choice of a female esthetician to serve only women, there are practical considerations that lead estheticians to provide some services and not all services. The procedure for providing a man with a "Manzilian" is quite different, using a different kind of wax and a different technique.

Claimant could make $35,000 off the human rights complaints

In spite of the fact that JY is able to obtain a Manzilian in Vancouver, JY has filed 16 complaints against these women at the BC Human Rights Tribunal, claiming discrimination on the basis of "gender identity." The Justice Centre has been connected with only two of the 16 women, and has provided legal representation to both, without charge. One of them, Shelah Poyer, is a single mom who works out of her home.  JY was willing to withdraw his complaint in exchange for $2,500. If JY is demanding similar sums from the other 14 women, he stands to receive as much as $35,000 for dropping his human rights complaints.

Lawyers afraid to represent those facing transgender identity discrimination complaints

For the women without legal representation, the temptation to settle is very strong. Fighting JY's discrimination complaint all the way through to a hearing would cost each esthetician $20,000 or $30,000 or more. Further, those facing a complaint of "gender identity" discrimination may find it extremely difficult to obtain legal representation. One of the women represented by the Justice Centre had approached, and had been turned down by 26 different lawyers and law firms. All of which cited lack of expertise in human rights proceedings, or fear of offending the transgender lobby, or both. In September of 2018, we informed JY of our intention to call expert evidence at Shelah Poyer's upcoming hearing. A professional who provides men with Manzilian waxes would explain to the BC Human Rights Tribunal how this method differs from Brazilians provided to women. We also asked the Tribunal to reverse its order prohibiting the publication of JY's name, in the interest of an open legal process. Once JY recognized that Shelah Poyer had legal representation and was going to put up a fight, he withdrew his complaint.  No hearing took place.

An abuse of the legal system

The court process is open to the public.  When people abuse the legal system by filing claims that lack merit and are frivolous or malicious, sunlight is the best disinfectant. For example, a powerful corporation or union could launch a baseless defamation action against a critic, in order to silence that critic. The Human Rights Tribunal itself has stated that the openness of courts is "a cornerstone of our judicial system," noting that the other 14 women, who have an interest in following the progress and outcomes of JY's complaints, cannot do so if JY's name is anonymized. JY identified himself publicly as a woman to the 16 estheticians; JY's business website refers to JY as "she" and "her" and mentions both JY's male name and JY's female name; JY admits to publicly using a female name when going to a women-only gym. In spite of these facts, the Tribunal has not yet reversed its June 21, 2018 Order to anonymize JY's name. As many as 14 women are each facing a human rights complaint, isolated and alone, not able to follow what should be public legal proceedings filed by the same individual, JY. Further, the Tribunal has thus far refused to inform these 14 women that they can obtain legal representation from the Justice Centre without charge. Without legal representation, it is likely that most or all of these 14 women are going to pay settlement money to JY, to escape the very stressful tribunal process. JY continues to benefit unfairly from the Tribunal's anonymity Order, and from the Tribunal not informing the estheticians that free legal representation is available to them. Lawyer John Carpay is president of the Justice Centre for Constitutional Freedoms, which defended Shelah Poyer against JY's human rights complaint.


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