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Feminism: Sex and gender discussions

Update on Canadian Ball-Waxing Case: Now JY Might Be Named!

62 replies

Vegilante · 06/01/2019 22:55

www.nelsonstar.com/news/human-rights-complaint-lodged-by-transgender-woman-against-surrey-spa-revisited/

I initially had trouble figuring out exactly what this article is saying, but I think I got the gist & it's good news:

Last August, as we all know, a Canadian claiming to be a "transgender woman" identified publicly as only JY filed a human rights complaint against Mint Tanning Lounge, Shelah Poyer and Jeremy Paradis for discrimination because of their refusal to wax "her" scrotum on the grounds that they are trained, equipped & willing to wax female genitals only. But once MTL et al went ahead & hired their own lawyers, JY immediately dropped the complaint against them - while leaving intact the 14 similar complaints JY also made against 14 other waxers, all of them women, who refused to wax JY's lady balls as well.

MTL responded by asking for the case to be re-instated so they can defend themselves against JY & "her" accusations face to face - & now Human Rights Tribunal member Devyn Cousineau has granted that request. So apparently there will be a (public?) hearing of some sort in the JY vs. MTL et al case.

At the same time, Cousineau has decided that allowing JY to retain "her" protected, privileged status as The Person Who Must Not Be Named might not be fair to the defendants in the MTL case or the 14 other women JY has filed human rights complaints against. So the Human Rights Tribunal is now considering allowing JY's name to be made public:

...Cousineau found “simply no evidence” that JY’s complaint (against MTL et al) was frivolous, vexatious, egregious or false. She reasoned, though, that the respondents to JY’s other complaints have an interest in following the progress and outcome of the other similar complaints.

“This cannot happen if (JY’s) name is not associated with the complaints. Depending on my ultimate findings in respect of this complaint, there may — or may not — be a public interest in publishing (JY’s) name.”

Cousineau also noted JY “does not provide any evidence to explain the apparent inconsistencies between the basis on which she sought a publication ban and her public profile on the internet.”

And most of the world knows what JY's public profile on the internet reveals about "her"...

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GrinitchSpinach · 07/01/2019 15:39

A couple of aspects that the Kiwi Farms thread makes clear, which everyone should know about JY and these cases:

  1. The Human Rights Tribunal process is wide open to abuse because there is no disincentive built in against vexatious suits or harassment. Anyone can bring a complaint at no cost, while no legal aid is provided to respondents.

  2. JY has used this glaring loophole essentially to extort money from some of these women: JY brings complaint, then offers to drop it if woman pays JY $2,500. So JY bullies them sexually, legally and financially.

  3. The women can't band together to share strategy and resources because of the gag order on JY's name and subsequent reluctance of Canadian news sources even to report on the case(s). They have no way to find each other.

  4. There is some speculation that JY is specifically targeting women of color who work out of their homes. JY displays nasty racial animus in some of public posts ("curry-shoving crapheads" among other gems).

All in all, an obvious marginalized victim of terrible bigoted women, amirite?

Vegilante · 07/01/2019 15:22

Just to be clear: I never said the interim grant of anonymity given to JY by the BC Human Rights Tribunal while JY's complaints were adjudicated had been revoked or lifted by Tribunal member Devyn Cousineau in her Dec 11 decision. I was careful to say in the thread title that JY Might Be Named. And in the text of the OP I was also careful to say, in bolded typeface, the Human Rights Tribunal is now considering allowing JY's name to be made public.

For the record: Cousineau is referred to as "her" & "she" on the BCHRT website; hence my use of female pronouns for her in this thread. Also, the officials who sit on the HRTribunal are called members, so I never referred to her as a judge & request that others not do so as well.

The BCHRT website has a roster of hearings of complaints scheduled for the next 90 days. All hearings are public. As of today, no hearing for any of JY's 16 complaints against waxers appears on the docket.

www.bchrt.bc.ca/shareddocs/process/hearing_schedule.pdf

The website also says: Most human rights complaints made to the Tribunal are resolved by settlement. This means that the parties agree about how to solve the complaint and end the complaint process.Parties may try to settle a complaint on their own. In many cases, parties settle a complaint and advise the Tribunal that the complaint is resolved.

www.bchrt.bc.ca/complaint-process/settle/index.htm

So what will or might happen next in these cases is anyone's guess. If someone does know, please share!

The confusion surrounding what's happening with all the complaints JY has filed with the BCHRT just goes to show how crucially important it is for democracies to have a legal framework that allows for free speech, a robust free press & open flow of information amongst the populace.

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Ineedacupofteadesperately · 07/01/2019 14:54

The tribunal didn't see there was anything wrong in trying to sue 14 women to touch a man's penis? It's staggering and worth adding 14 women WHO MADE IT CLEAR THEY DIDN'T WANT TO TOUCH HIS PENIS

Datun nails it as usual. Bloody handmaids tale like. As if #metoo hadn't happened. Or, you know, the idea that consent matters.

Datun · 07/01/2019 14:00

The tribunal didn't see there was anything wrong in trying to sue 14 women to touch a man's penis? It's staggering.

PencilsInSpace · 07/01/2019 13:48

JY's name can't be published because he applied for and was granted a gagging order. The judge said the respondents also had the right to apply for a gagging order but didn't do so.

JY's gagging order hasn't been lifted. The judge said it was an interim order and a decision would be made to lift it or not after the hearing, which never took place:

[31] One of the reasons that I granted the publication ban on an interim, rather than a permanent, basis was that JY’s application did not allow me to fully understand her privacy interests in respect of the complaint. The intent of the order was to confer protection on JY up until the hearing, at which point I would receive evidence under oath and be in a position to make findings of fact about JY’s gender identity, both as it is experienced privately and expressed publicly. This would allow me to make an informed decision about whether JY’s privacy interests in this complaint outweighed the public interest in knowing her identity. Of course, the complaint never reached this stage.

[32] The Individual Respondents’ application requires me to make a finding of fact that JY has misled the Tribunal. I cannot make that finding based on the evidence before me. I find it significant that JY has been representing herself throughout this complaint, including in her application for a publication ban as well as on the September 5 conference call. A selfrepresented person is not trained to express themselves in the clear manner that the law requires. I note that JY’s submissions with respect to the publication ban were very brief, in a context where it appears that her gender identity, public profile, and motives in respect of this complaint are complex. It may be possible to reconcile what she has told this Tribunal with the truth. That was an exercise I had purposefully left for the hearing, at which point I could assess JY’s credibility based on testimony given under oath and elicit questions to the answers that the Individual Respondents now raise. In the meantime, I take notice of the fact that transgender and gender non‐conforming persons face high levels of stigma and are at an increased risk of violence, harassment, social isolation and discrimination. In these circumstances, I am satisfied that it is better to err on the side of caution in protecting a transgender person who asserts that the publication of their name in association with a complaint may expose them to harm. Doing so on an interim basis had minimal, if any, impact on the integrity of the Tribunal’s process.

So I don't think the reporting restrictions will be lifted until there has been a hearing - presumably on the next case in the pipeline. Of course JY could well withdraw that complaint too, or all of the complaints (if he has any sense at all).

I don't know how the BC human rights tribunal works and whether it would be possible for the respondents in this case to apply for an order specifically to lift the gagging order after the case has closed.

Terfing · 07/01/2019 13:35

Is there a way to get the Kiwifarms thread to the women JY tried to sue? His will help their case hugely.

CharlyAngelic · 07/01/2019 13:24

Wow !
JY !
What is it that Sarah Palin said ?
And that photo of the make up remover wipes.... not applied with a trowel but a very novel applicator.

Ineedacupofteadesperately · 07/01/2019 13:20

What's more, the decision assumes that JY's status as a transgender woman automatically gives JY a special right to keep "her" name from being published for at least a temporary period as originally granted, but does not extend the same right to the defendants (presumably because they are not transgender).

How do they know they're not transgender? Have they asked them all what their pronouns are? Maybe some of them are women who don't believe in gender only sex so they'd be agender. Double standards galore. Funny how those double standards are always in favour of the bigger, stronger XY individual.

Datun · 07/01/2019 12:55

The decision treats as entirely credible JY's claims that he's a vulnerable woman from a marginalized class who has been discriminated against, citing as evidence that JY "uses a female name and attends a women‐only gym." (Yikes!)

Can someone help me out here? Are we assuming the person who wrote this has not seen what JY writes about little girls? Would that have been considered prejudicial?

I'm assuming that no one thinks, for a single second, that someone could write that whilst knowing what JY is actually like.

Is it because it hadn't yet become public knowledge?

DisrespectfulAdultFemale · 07/01/2019 12:54

Is this individual, who is so widely known for the ball waxing incidents, also the person boasting about getting Meghan Murphy banned from twitter?

Tis, indeed. Charming individual.

andyoldlabour · 07/01/2019 12:51

Apparently JY was joining women's FB groups and asking them pretty disgusting questions on his usual topics.

archive.li/KcxBH

HollowTalk · 07/01/2019 12:44

Oh god the posts about him advising little girls about how to use tampons is absolutely sickening. I hope this case moves forward now.

PencilsInSpace · 07/01/2019 12:30

Yes sorry it was somewhere on the KF thread.

The application to reopen the complaint is granted. The application for costs is denied.

The impression I got was that the case was reopened just to consider the matter of costs. I can't see how this case can proceed if the complainant is no longer complaining.

AnyOldPrion · 07/01/2019 09:46

Power and Paradis hired a lawyer

This tiny sentence gives me an enormous sense of satisfaction. Itseems to me a pervert has prodded the wrong people with his seemingly vexatious, frivolous, egregarious and false claim. I hope they tale it all the way.

Vegilante · 07/01/2019 09:44

sackrifice thanks for the tip. I'd been thru the KiwiFarms thread back when all info about JY started getting scrubbed from the net, but did not think to revisit it when I came across this article thru a Google search. As you note, the KF thread is "ultra long" - way too long & undifferentiated for my aging eyeballs & brain to easily process. Wish they made reading it easier by dividing it into subthreads, for example "JY little girls/tampons" "JY sex toy reviews" & "JY human rights complaints"...

Once I learnt the date of the Dec 11 decision, I went to KF thread posts for the weeks afterwards, & yes you're right it is mentioned there. But those who discuss it apparently got the info by accessing the decision directly from the HRTribunal website, not from press accounts.

So far as I can tell, the article I highlighted here is the first written account of the Dec decision to appear in the press, albeit a small & obscure press outlet. That's why I thought it significant. In the MSM, again as far as I can tell, a policy of total silence about JY still seems to be in place.

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PerfPower · 07/01/2019 09:42

The screenshot posted by MilesAwayGirl of the wipes asking if anyone used them, I think that was posted (by JY) to a teenage girls chat forum.

happydappy2 · 07/01/2019 09:20

Is this individual, who is so widely known for the ball waxing incidents, also the person boasting about getting Meghan Murphy banned from twitter? Their self publicised stunts will be their downfall. I sincerely hope someone recognises them next time they photograph themselves in the ladies loo, with young girls in the background-JY should be kept away from children for sure.

Ereshkigal · 07/01/2019 09:17

They really have lost the plot in Canada. Let's not bring quite this degree of batshit here.

sackrifice · 07/01/2019 08:46

Veg, hop onto KiwiFarms and have a read through the ultra long JY thread.

You'll need eye bleach and plenty of cups of tea to get through it, but it is pretty much all there.

Terfing · 07/01/2019 08:43

Don't you just love it when karma bites someone right on the arse?

Vegilante · 07/01/2019 08:33

Pencils true, the tribunal officer denied the defendants in the MTL case their request for reimbursement of costs. But she granted their second request, which was for the case to be re-opened. The last line of her decision, quoted verbatim in the article I linked to, says clearly:

The application to reopen the complaint is granted. The application for costs is denied.

I admit I dunno how Human Rights Tribunals work in Canada, but the fact that the case has been re-opened suggests there will be some sort of hearing or proceeding to come. If you have info that's this is not true, please share.

As to your point that the article contains nothing new as "this is all stuff that came out over Christmas"^: Sorry, many of us missed those reports; MN took down the long thread on the topic; & the story cited here is the only one I could find about the December decision. Please share links to the news reports you saw/heard over Xmas. Thanks.

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DisrespectfulAdultFemale · 07/01/2019 07:32

Seems to me JY's complaints are the textbook definition of frivolous, vexatious, egregious & false.

Thirding that.

I am glad that MTL has asked to have this case re-opened: sunlight is the best disinfectant. Yaniv wants it all ways: to be identified as trans, to be identified as male, to be identified as female, to be considered a private figure and to be considered a public figure.

Let this this be the beginning of the end of Yaniv's poisonous antics.

Vegilante · 07/01/2019 03:26

MilesAwayGirl you might not post often, but when you do it's a doozy!

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Vegilante · 07/01/2019 03:25

Here's the actual decision from the Tribunal member, dated 11 December 2018.

www.bchrt.bc.ca/shareddocs/decisions/2018/dec/282_JY_v_Mint_Tanning_Lounge_and_others_2018_BCHRT_282.pdf

The decision treats as entirely credible JY's claims that he's a vulnerable woman from a marginalized class who has been discriminated against, citing as evidence that JY "uses a female name and attends a women‐only gym." (Yikes!)

What's more, the decision assumes that JY's status as a transgender woman automatically gives JY a special right to keep "her" name from being published for at least a temporary period as originally granted, but does not extend the same right to the defendants (presumably because they are not transgender). The tribunal member explains:

I take notice of the fact that transgender and gender non‐conforming persons face high levels of stigma and are at an increased risk of violence, harassment, social isolation and discrimination. In these circumstances, I am satisfied that it is better to err on the side of caution in protecting a transgender person who asserts that the publication of their name in association with a complaint may expose them to harm. Doing so on an interim basis had minimal, if any, impact on the integrity of the Tribunal’s process.

The defendants (actually "respondents") in this case were being represented by the Justice Centre for Constitutional Freedoms. But tonight when I searched their website I could not find any info about it. All mention seems to have been wiped clean. Curious.

I am not an expert in this case/story, just a concerned & interested reader. I try to be accurate & comprehensive in my posts, but I've no idea what's really going on with this case. At all. Anyone who has more info, please do tell!

Also: my OP misstates the date JY filed his complaint against MTL. It was filed on March 12, 2018.

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