“She requested waxing of her scrotum” – Human Rights Tribunal’s ruling against Jessica Yaniv

“She requested waxing of her scrotum” – Human Rights Tribunal’s ruling against Jessica Yaniv

On October 22, 2019 the British Columbia Human Rights Tribunal issued its ruling in the legal case between Jessica Yaniv (the complainant) and various waxing salons (Blue Heaven Beauty Lounge and Sandeep Benipal, Suhki Hehar and Sukhi Beauty Dream Salon, Marcia DaSilva, Hina Moin, Pam Dulay, Judy Tran and Merle Norman):

[1] Jessica Yaniv is a transgender woman. All of the Respondents operate businesses which offer waxing services. Ms. Yaniv requested waxing services from each of the Respondents. In five cases, she requested waxing of her scrotum. In two, she requested waxing of her arms or legs. In each case, she told the Respondent that she was a transgender woman and the Respondent refused to provide Ms. Yaniv with service. Ms. Yaniv says that this refusal to serve her is discrimination on the basis of her gender identity and expression, in violation of s. 8 of the Human Rights Code [Code].

[2] With one exception, all of the Respondents are women who advertised their services through Facebook Marketplace. They were either providing the service out of their home, or in the client’s home. Most of them presented as racialized, with English not their first language. Only three Respondents presented a defence to Ms. Yaniv’s complaints. These characteristics are significant because they support my conclusion that Ms. Yaniv has engaged in a pattern of filing human rights complaints which target small businesses for personal financial gain and/or to punish certain ethnic groups which she perceives as hostile to the rights of LGBTQ+ people.

[3] In this decision, I analyse Ms. Yaniv’s complaints in two categories: genital waxing cases and cases involving arm and leg waxing. In the genital waxing cases, I find that scrotum waxing was not a service customarily provided by the Respondents. As such, they did not deny Ms. Yaniv a service and did not discriminate against her. I dismiss these complaints under s. 37(1) of the Code. In the leg and arm waxing cases, I find that Ms. Yaniv filed the complaints for improper purposes. I dismiss these complaints under s. 27(1)(e) of the Code.

[4] The three Respondents which presented a defence were all represented by Jay Cameron and Brandon Langhelm of the Justice Centre for Constitutional Freedoms [JCCF]. Ms. Yaniv has applied for an order of costs against these Respondents arising out of conduct which she attributes to Mr. Cameron and the JCCF. She also applies for costs specifically against the Respondent Sukhdip Hehar. I dismiss all of Ms. Yaniv’s applications for costs. I do, however, find that Ms. Yaniv has engaged in improper conduct during the course of this complaint. I order her to pay the represented Respondents $2,000 each.

The ruling is available here.

Jagmeet Singh retracts offensive racist anti-Conservative statement

Jagmeet Singh retracts offensive racist anti-Conservative statement

During a campaign stop Welland, Ont on October 17, 2019, NDP leader Jagmeet Singh was asked if he would respect a hypothetical Conservative majority.

Responding to the question, “Just to be clear, you will not respect if Andrew Scheer wins the most seats, you will not allow him to form government, you will oppose that,” Jagmeet Singh said: “We don’t respect Conservatives. No.”

A day later Jagmeet Singh retracted his offensive anti-Conservative statement: “I believe that we need to build a country where we welcome everybody, we respect everybody, and I feel bad about what I said. We’re going to have differences of opinions. I want to make it clear: Our whole movement has been about making sure people feel welcome, they feel accepted and people should be accepted no matter what their political views are.”

The Ontario Human Rights Commission defines “race” as “a social construct” based on the understanding that “society forms ideas of race based on geographic, historical, political, economic, social and cultural factors, as well as physical traits, even though none of these can be used to justify racial superiority or racial prejudice.”

According to the Ontario Human Rights Commission, “Racism is a broader experience and practice than racial discrimination. Racism is a belief that one group is superior to others… It can also be more deeply rooted in attitudes, values and stereotypical beliefs.”

Based on the Ontario Human Rights Commission’s definition of racism, Jagmeet Singh’s statement “we don’t respect Conservatives” is not only offensive but also may fall under the category of racism.

Toronto Muslim preacher: “I blame women for getting raped because they dress provocatively”

Toronto Muslim preacher: “I blame women for getting raped because they dress provocatively”

Fighting Hate in Canada sent a letter to Toronto Mayor John Tory and the Anti-Hate Network (Bernie Farber and Evan Balgord) about Al Haashim Atangana Kamena, a Muslim street preacher who earlier this week incited hate against an identifiable faith-based group. Here are excerpts from his statements at Toronto’s Dundas Square (recorded on video on Monday October 14, 2019):

The media is controlled by the Jews. The Jews, the very least, they control the media and they [the Jews] are doing everything possible to demonize Islam, right? So because they are doing everything possible to demonize Islam, they [the Jews] want to make people think that Islam is all about terrorism and things like that… [See] what’s is going on with the media. The media is controlled by the Jews… Islam is going to win, so you need to understand that Islam is the solution for all the problems that America has.”

In recent years Al Haashim Atangana Kamena also condemned homosexuality, justified death penalty for gays and spoke against immodesty:

If you are gay you are cursed because it is disgusting because you are a man and you are having sex with another man which is the cause of AIDS… Homosexuality is wrong and a sin and if you are a homosexual you are cursed… when you die you will have to answer to God for your evil Satanic actions…”

The Punishment for homosexuality is death in Islam. If a person calls himself a Muslim and practises homosexuality he is not a Muslim. Islam is not a “male run religion of convenience for all of you self serving, ineffective and sexually dysfunctional men.”

I blame women for getting raped because they dress provocatively. The reason why Muslim women gets raped in Muslim country is because there is no shariah implemented as a system of government. If the shariah was implemented in Muslim countries people would not dare to do it because the punishment for rape is death. We Muslims are not pedophile and Prophet Muhammad (peace be upon him) was the best man that ever lived on this earth and he was not a pedophile. By the way I was born in Canada. Why does Muslim women who wear long dress and covers her head aren’t targeted for sex attacks in Toronto? Why is it that Rapists and sexual predators only target women that dress so provocatively? Because Muslim women have nothing to show in regards to her body.”

Hijab – an individual choice or a mandatory duty ordained by Allah?

Hijab – an individual choice or a mandatory duty ordained by Allah?

The Islamic Heritage month is celebrated in Ontario every October. The Toronto District School Board (TDSB) issued a Resource Guidebook For Educators, that includes basic information about Islam and Muslims in Canada.

Approved by senior Muslim scholars and educators, this booklet provides to non-Muslim students background information about the hijab, a modest attire for Muslim women that includes a veil to cover the head, ears and the neck.

Here are excerpts from TDSB’s Resource Guidebook For Educators (2017):

What is Hijab? The hijab is a headscarf worn by some Muslim women who have reached adulthood as defined by the onset of puberty. The hijab is a piece of cloth that covers the hair, ears and neck, exposing only the face. The Arabic word khimar, as mentioned in the Qur’an, is a more traditional term used to denote the hijab. A minute sub-segment of Muslim women in Canada (estimated at less than a few hundred) choose to wear the niqab, which is a face covering in addition to the hijab. Women who choose to cover their heads are not exclusive to Islam; some Christian, Jewish, Sikh, Hindu, and Rastafarian women also wear a form of head covering as part of their religious or cultural practices. This theme is captured in the children’s book, Hats of Faith by Medeia Cohan-Petrolino.

Do all Muslim girls/women wear the Hijab? Female Muslim students may or may not wear the hijab, based on individual choice. Sometimes, they may wear the hijab regularly for a period of time, and then decide not to wear it. Many identity and societal factors are at play with regards to wearing the hijab – including parental pressure. In a popular Marvel comic titled, “Ms. Marvel”, one of the Muslim characters expresses her frustration when asked if her father forced her to wear the hijab, stating, “Actually, my dad wants me to take it off. He thinks it’s a phase” – an experience shared by some Canadian Muslim women (Wilson, 2014).

Shaikh Ahmad Kutty, a senior Imam at the Islamic Institute of Toronto, has a different view about the Islamic definition of the hijab and its application on Muslim women.

On his website www.askthescholar.com Shaikh Ahmad Kutty was asked:

“I have been wearing a hijab for as long as I can remember but to me it is just something that covers my head. I have decided that I no longer want to wear it. I am now an adult and so I would be facing the consequences of not wearing it. Does this make me less of a Muslim?”

Shaikh Ahmad Kutty issued an Islamic legal opinion on this matter:


Hijab in the sense of modest attire for woman that covers the whole body excluding face and hands is ordained by Allah in the Qur’an. This is the understanding of the Muslims from the time of the Companions (the first addressees of the Qur’an) down through the centuries. There is not a single scholar or mufassir (interpreter of the Qur’an) of the past that I know who has questioned this ordinance. Once it has been proven to be the order of Allah, no Muslim or Muslimah can reject it on the ground that I am an adult, and I can decide for myself. Allah says: “When Allah and His Messenger have decided on a matter that concerns them, it is not fitting for any believing man or woman to claim the freedom of choice in that matter: whoever disobeys Allah and His Messenger is far astray.” (Qur’an: 33: 36). May Allah inspire us to see the truth as truth and follow it, and to see the error as error and shun it—aameen.”

A court case recently reported by the Canadian Broadcasting Corporation (CBC) revealed how the Islamic ruling on hijab in practised by Canadian families in Victoriaville, Quebec:

“A Quebec youth court judge has removed a 16-year-old girl in Victoriaville from her family after she was forced into a marriage with an older man who insisted she wear a hijab, rifled through her cellphone and controlled who she could see. The girl was so afraid in the weeks before the ceremony was to happen last spring that she ran to a neighbour’s house and locked herself in a bedroom. After a noisy and violent confrontation between the neighbours and the girl’s family, police escorted the girl to safety. In July, a youth court judge granted the girl’s request to be placed in hiding with a foster family until she turns 18.”