Jessica Yaniv

Jessica Yaniv (whose legal name is Jessica Simpson)[2] is a Canadian transgender activist in British Columbia who is best known for filing a total of thirteen complaints of discrimination on the basis of gender identity with the British Columbia Human Rights Tribunal in 2018 and 2019 after being refused waxing services. It was the first major case of transgender discrimination in retail in Canada. The Tribunal rejected her initial complaints in 2019.

Jessica Yaniv
Born1986/1987 (age 33–34)[1]
Other namesJessica Simpson (legal name)[2]
CitizenshipCanadian
EducationKwantlen Polytechnic University
OccupationIT business support & IT reviews
Websitetrustednerd.com

Early life, education, and career

Yaniv says that since she was six, she has been transgender, but was afraid to be open about it. In her teens she was treated for gender identity disorder with associated depression, anxiety, and attention-deficit hyperactivity disorder.[3]

Yaniv attended Kwantlen Polytechnic University in Surrey, British Columbia,[4] studying computer science.[5]

In 2008, she gained her first public attention, when she used Facebook to call for a National Sex Day on August 21.[5][4][3] As part of the campaign, she sent out free condoms on request.[5] She later revealed it was a viral marketing promotion. The promotion attracted over 100,000 Facebook users.[3]

Yaniv worked in call centres and tech support. That led to her creating her own business, which provided internet support to customers. She ran the business for several years under her birth name, before legally changing her first name to "Jessica", while keeping her last name. From 2012 to 2017, Yaniv worked for the American vocal group Cimorelli, managing their social media and marketing products endorsed by Cimorelli.[3] She also acted as public relations manager for the American house music singer Chelsko.[6]

Activism

Yaniv is known in the Township of Langley for her advocacy on a number of issues before Township council. She spoke on a wide range of issues including providing feminine hygiene products, asking for funding of her campaign for the Miss BC pageant title, and single-use plastics. A significant portion of her advocacy was on gender issues, such as seeking an end to segregation in physical education classes that was based on gender.[7]

She also proposed and was an advocate for the "all-bodies swim" at a Langley township public pool.[7][8] The event was to be for ages 12 and up, clothing above the waist optional, and parents and caretakers would be prohibited.[8]

Human rights complaints

2018

In 2018, Yaniv filed discrimination complaints with the British Columbia Human Rights Tribunal against multiple waxing salons alleging that they refused to provide Brazilian waxes to her because she is transgender.[9] Yaniv's case was the first major case of transgender discrimination in retail in Canada.[10] Yaniv was seeking as much as $15,000 in damages from each beautician.[11] In response to the complaints, several of the estheticians said that they lacked the required training to wax male genitalia, or that they were not comfortable doing so for religious or personal reasons.[12] Thus, for them, being transgender was not the issue, but having male genitalia was.[13] Yaniv rejected the claim that special training in waxing male genitalia was necessary,[14] and during the hearings equated the denial of the service to neo-Nazism.[15] Most of the respondents were typically working from home, were non-white,[16] and were immigrants[17] who did not speak English. Two of the businesses were forced to shut down due to the complaints.[18]

In May 2019, the Tribunal found that the complainant's pattern of filing a large number of complaints and then withdrawing those where the respondent mounts a defence to be improper. It rejected finding that she was a vexatious litigant, rather characterizing her as a "frequent litigant".[19]

In October 2019, the Tribunal ruled against Yaniv and ordered her to pay $6,000 in restitution split equally among three of the service providers. The ruling was critical of Yaniv, with Devyn Cousineau stating that she "targeted small businesses, manufactured the conditions for a human rights complaint, and then leveraged that complaint to pursue a financial settlement from parties who were unsophisticated and unlikely to mount a proper defence."[2] The tribunal concluded that she had been financially motivated in 10 of the 13 complaints,[20] was untruthful on the central aspect of her complaint, and had made "scurrilous attacks" on one of the respondents.[21] Cousineau added that Yaniv was "motivated to punish racialized and immigrant women based on her perception that certain ethnic groups, namely South Asian and Asian communities are 'taking over' and advancing an agenda hostile to the interests of LGBTQ+ people."[2] For this reason the tribunal ruled not only that, since none of the salons advertised waxing services for male genitals, they did not discriminate against Yaniv on the basis of her gender identity, but also rejected the complaint regarding the refusal to wax Yaniv's arms and legs.[22][23][24] An appeal by Yaniv against the verdict was rejected in November 2019.[25]

Of Yaniv, the ruling also said: "Once her identity and role in these complaints was revealed, she faced a torrent of backlash and hatred, and from that point onward was representing herself in very difficult circumstances."[21]

2019

On January 7, 2020, the Justice Centre for Constitutional Freedoms (JCCF), which had represented three of the original respondents, announced it was representing another salon in an additional complaint filed by Yaniv in early October 2019.[26][27] This represented the eighth case filed with the Tribunal by her,[28] and Yaniv told CTV News that this time she believed case law was in her favour.[27] The Tribunal ruled that any complaint by her would be deferred for six months due to her failure to pay fines imposed by Tribunal.[29] In September 2020 it was announced that Yaniv had dropped the complaints against two salons.[30]

2020

In August 2020, Yaniv filed a new civil suit for $11,800 against three of the female beauticians involved in the Tribunal case. In an email to the National Post, she said that she paid the money owed to the beauticians in the tribunal case, but they had failed to remove related liens placed against her; so, she had to sue to protect her assets.[2]

Beauty pageant complaint

In October 2020, the JCCF claimed that it was representing Canada Galaxy Pageants, a beauty pageant for women and girls, against a human rights complaint lodged by Yaniv with the Human Rights Tribunal of Ontario on the basis that she had been discriminated against based on gender identity, gender expression and sex by not being accepted as a pageant contestant in the "28 Years and Older" division. The pageant has a stated policy of accepting genetic females and transgender females who have fully transitioned.[31][32][33][34] The Western Standard reported that Yaniv sought damages in the amount of $10,000 for "injury to dignity and feelings".[35]

2021

In January 2021, Yaniv announced that she had filed two complaints against the Langley Royal Canadian Mounted Police for discrimination with the Canadian Human Rights Commission.[36]

Impact and reactions

Adrienne Smith, a BC human rights lawyer, said the case with Yaniv reversed much of the success the trans community had enjoyed with the tribunal in recent times. Smith said a major problem was that Yaniv had no legal representation, which allowed to Yaniv to make serious errors, such as making negative comments on social media during the proceedings, which a lawyer would have prevented. Smith said it showed a need for better Legal Aid funding, so there would be representation for cases like this.[37]

The Canadian Legal Information Institute (CanLII) noted that "those seeking to undermine the human rights regime, or to suggest that human rights have gone too far (typically in their objections to its inclusion of gender identity and gender expression), widely utilized the news stories around this case to make their point." The CanLII also noted "This case was also notable for the public spectacle it created outside of the Tribunal. It was characterized by incredible levels of hostility".[38]

Writing in July 2019, Arwa Mahdawi of The Guardian criticized the fact that the case had largely been covered by right-wing media, who she suggested normally were not concerned with the marginalized groups they showed concern for in the Yaniv case. Mahdawi also opined that a woman who feels uncomfortable working with a penis should not be called a bigot, as Yaniv suggested, and that such a claim "...makes a mockery of the hate crimes that are committed against trans people every day."[39]

In the Toronto Star, Joanna Chiu reported that numerous transgender people had experienced a significant increase in online hate against them, as a result of coverage of the Yaniv tribunal case. Chiu said transgender advocates "...worry the ruling could embolden transphobia, while the public loses sight of how marginalized the community still is in Vancouver."[40]

Following the filing of the complaint, Yaniv "has become embroiled in Twitter feuds with conservative figures, appeared on the radio show of American conspiracy theorist Alex Jones, and been the subject of dozens of news articles and opinion pieces".[22] Jones and several other media outlets had used Yaniv's case to rile their followers.[10]

The case garnered international attention, including a segment on Tucker Carlson's Fox News channel show.[9] It was also cited as a factor in the centre-right Liberal-National Coalition's decision to oppose a proposed gender self-identification law in Victoria, Australia[41] and was cited by Senator Pauline Hanson in the Parliament of Australia in support of the Australian Education Legislation Amendment (Prohibiting the Indoctrination of Children) Bill 2020.[42]

Weapons charge

Yaniv was arrested by the Langley RCMP detachment on August 8, 2019, after she displayed a taser in her possession in a YouTube video, that was live streamed.[43][1] She had been debating with fellow YouTuber Blaire White when she allegedly displayed a prohibited weapon.[1] Commenting on the case, police noted the weapon was not directed at anyone.[44] When police raided her home, they seized two conducted electrical weapons. Yaniv appeared in Surrey Provincial Court on January 13, 2020 to face weapons charges.[45]

Yaniv sued the Township of Langley for $35,000 over her treatment surrounding her arrest. She said that the cells at the jail were unsanitary with bed bugs, and apparent faeces on surfaces. She said a guard failed to provide her with diabetes medication or victim services. She also said that staff refused to use correct pronouns when referring to her.[43]

According to Mathew Claxton in the Aldergrove Star, the Surrey Court registry indicates Yaniv was found guilty of a charge of possession of a prohibited weapon, and sentenced to a conditional discharge.[43] The Langley Advance Times reported that she received probation and a firearms prohibition.[46]

Mischief and threats charges

In December 2020, the Western Standard reported that the Langley Royal Canadian Mounted Police had charged Yaniv with mischief and uttering threats in relation to an incident in October 2020 concerning Chris Elston.[35]

Alleged online harassment

By Yaniv

According to Joseph Brean of the National Post, Yaniv has been accused by multiple people of harassment. This includes claims she used vulgar and sexualized language in online communications with underage girls. Yaniv has denied these allegations. One of the allegations, was by a girl from Washington State, who said that Yaniv made declarations of sexual interest over social media when the girl was 14 years old, allegations Yaniv has strenuously denied. The girl shared a recording of Yaniv with the National Post, where Yaniv made sexual comments using the voice of Elmo from Sesame Street. Yaniv said the recording was a joke, not sent to the girl, but to a friend.[3]

Of Yaniv

In 2019, interactions on Twitter by Canadian feminist author Meghan Murphy and Jessica Yaniv resulted in Murphy being banned from the platform.[47][48] Murphy had misgendered Yaniv by calling her "him", in violation of Twitter's hate and harassment policy.[47][22] Murphy unsuccessfully sued Twitter over the ban.[47]

Twitter also banned Lindsay Shepherd, a Canadian columnist, from its platform in 2019 as a result of interactions with Yaniv.[15] Yaniv tweeted a comment regarding Shephard's uterus, to which Shephard replied by insulting Yaniv and referring to Yaniv as a "man". Twitter advised Shephard she had violated its rules against hateful content.[49][22]

References
  1. Little, Simon (December 16, 2019). "B.C. woman at centre of genital waxing complaint now facing weapons charges". Global News. Corus Entertainment Inc. Archived from the original on August 29, 2020.
  2. Desai, Devika (August 27, 2020). "Trans activist Jessica Yaniv files second lawsuit against 3 beauticians after losing human rights suit to them in 2019". National Post. Postmedia. Archived from the original on August 27, 2020.
  3. Brean, Joseph (August 6, 2019). "Trans activist Jessica Yaniv's human rights complaints brought her prominence; now she's accused of harassment and predatory behaviour". National Post. Postmedia. Archived from the original on September 18, 2020.
  4. . (August 10, 2008). "Unzip and unwind, says National Sex Day organizer". CTV News. Bell Media. Canadian Press. Archived from the original on August 31, 2020.CS1 maint: numeric names: authors list (link)
  5. The Canadian Press (August 11, 2008). "Vancouver student pitches National Sex Day". The Globe and Mail. Archived from the original on September 30, 2020.
  6. Benning, Kyle (July 11, 2017). "Band scraps video shoot at Tsawwassen water park over alleged transgender change room policy". Global News. Archived from the original on November 9, 2018.
  7. Claxton, Mathew (August 23, 2019). "Controversial Langley transgender activist arrested over stun gun". Aldergrove Star. Black Press Group Ltd. Archived from the original on December 15, 2019.
  8. Wood, Graeme (July 25, 2019). "Genital waxing complainant's topless-OK youth LGBTQ2S+ swim proposal delayed by Township of Langley". North Shore News. Glacier Media. Archived from the original on September 8, 2020.
  9. Little, Simon (July 29, 2019). "B.C. Human Rights Tribunal to take up to 3 months to decide transgender waxing case". Global News. Corus Entertainment Inc. Archived from the original on July 30, 2019.
  10. Mitchell, Charlie (October 23, 2019). "Canadian transgender woman loses case against beauticians who refused Brazilian wax". The Telegraph. London, UK. ISSN 0307-1235. Archived from the original on March 20, 2019.
  11. Hitch, Mike (December 5, 2019). "Ricky Gervais takes aim at transgender activist on Twitter". Star Observer. Sydney, NSW, Australia. Archived from the original on September 23, 2020.
  12. Uguene-Csenge, Eva (July 26, 2019). "Transgender woman testifies at human rights tribunal after being refused Brazilian wax". CBC News. Radio-Canada. Archived from the original on August 1, 2019.
  13. . (October 27, 2018). "When one person's right is another's obligation". The Economist. UK. Archived from the original on September 22, 2020.CS1 maint: numeric names: authors list (link)
  14. Corbella, Licia (August 1, 2019). "Corbella: Jessica Yaniv growing bolder in her bid to have her male genitals waxed". Calgary Herald. Archived from the original on September 18, 2020.
  15. Quan, Douglas (July 18, 2019). "Accusations fly at human rights hearing into transgender woman's Brazilian wax complaint". National Post. Postmedia. Archived from the original on December 30, 2020.
  16. Wood, Graeme (January 23, 2020). "Surrey RCMP investigating altercation between reporter and transgender activist". North Shore News. Glacier Media. Archived from the original on January 24, 2020.
  17. Hook, Chris (December 4, 2019). "Transgender activist who sued beauticians is now taking on gynaecologist". 7NEWS. Australia. Archived from the original on September 22, 2020.
  18. Carter, Helen (November 1, 2019). "Ricky Gervais gets huge backlash for Jessica Yaniv Halloween tweet". Manchester Evening News. UK. Archived from the original on November 1, 2019.
  19. "JY v. Various Waxing Salons, 2019 BCHRT 106" (PDF). British Columbia: Human Rights Tribunal. May 30, 2019. Archived (PDF) from the original on October 29, 2020.
  20. Stueck, Wendy (October 22, 2019). "B.C. Human Rights Tribunal rejects transgender woman's discrimination claim over waxing services". The Globe and Mail. Toronto, ON, Canada. Archived from the original on September 22, 2020.
  21. The Canadian Press (October 22, 2019). "Transgender woman ordered to pay over her rights complaint about body waxing - NEWS 1130". City News 1130. Vancouver, BC. Archived from the original on October 1, 2020.
  22. Brean, Joseph (October 22, 2019). "Trans activist Jessica Yaniv filed genital wax complaints as means of 'extortion,' rights tribunal rules". Grande Prairie Daily Herald Tribune. Archived from the original on September 22, 2020.
  23. Forgie, Adam (October 23, 2019). "Court rules in favor of women who refused to wax male genitalia of trans woman". KUTV (CBS). Archived from the original on October 25, 2019.
  24. Larsen, Karin (October 22, 2019). "Estheticians don't have to wax male genitalia against their will, B.C. tribunal rules". CBC News. Radio-Canada. Archived from the original on August 30, 2020.
  25. Wood, Graeme (November 14, 2019). "Genital waxing complainant's appeal rejected by B.C. Human Rights Tribunal". Richmond News. Archived from the original on October 1, 2020.
  26. . (January 7, 2020). "Rights centre says trans activist Jessica Yaniv has filed new complaint against B.C. salon over waxing refusal". Spruce Grove Examiner. Postmedia. Archived from the original on July 26, 2020.CS1 maint: numeric names: authors list (link)
  27. Mangione, Kendra (January 7, 2020). "Trans activist files another human rights complaint over waxing refusal". CTV News Vancouver. Bell Media. Archived from the original on January 8, 2020.
  28. Glacier Media (January 7, 2020). "Eighth genital waxing case heads for Human Rights Tribunal". Tri-City News. Archived from the original on October 1, 2020.
  29. . (February 2, 2020). "Complaint filed by trans activist Jessica Yaniv deferred until $6,000 paid to beauty salons". National Post. Postmedia. Archived from the original on September 22, 2020.CS1 maint: numeric names: authors list (link)
  30. Carolino, Bernise (October 8, 2020). "Yaniv withdraws Brazilian waxing suits against two beauty salons in Vancouver". Canadian Lawyer. Key Media. Archived from the original on October 8, 2020.
  31. Naylor, Dave (October 26, 2020). "Yaniv now suing Ontario beauty pageant for not letting her in". The Western Standard. Wildrose Media Corp. Archived from the original on October 26, 2020.
  32. . (October 26, 2020). "Yaniv targets beauty pageant in new discrimination complaint". Justice Centre for Constitutional Freedoms. Archived from the original on October 26, 2020.CS1 maint: numeric names: authors list (link)
  33. Hall, Louise (October 26, 2020). "Donald Trump Jr makes snide remark at trans woman reportedly suing beauty contest". The Independent. UK: Independent Digital News and Media Ltd. Archived from the original on October 26, 2020.
  34. Dawson, Tyler (October 29, 2019). "Conservative legal group challenges new COVID restrictions on group gatherings in Alberta". National Post. Postmedia. Archived from the original on October 31, 2020.
  35. Naylor, Dave (December 31, 2020). "Transgender activist Yaniv wanted by police in BC". The Western Standard. Wildrose Media Corp. Archived from the original on January 2, 2021.
  36. Yaniv, Jessica [@trustednerd] (January 1, 2021). "Two Canadian Human Rights complaints have been filed against the @LangleyRCMP for discrimination. The first one has been accepted by the commission" (Tweet). Archived from the original on January 2, 2021. Retrieved January 2, 2021 – via Twitter.
  37. Macnab, Aidan (November 5, 2019). "B.C. Brazilian waxing case a step backward for trans human rights cases, says lawyer". Canadian Lawyer. Key Media. Archived from the original on August 30, 2020.
  38. Ha-Redeye, Omar (February 23, 2020). "Improper motive a proper basis for dismissal". CanLII. Archived from the original on September 30, 2020.
  39. Mahdawi, Arwa (July 27, 2019). "It's not a hate crime for a woman to feel uncomfortable waxing male genitalia". The Guardian. Archived from the original on August 30, 2020.
  40. Chiu, Joanna (October 24, 2019). "Jessica Yaniv fallout: Vancouver transgender activists say high-profile case has been 'massively negative' for community". The Toronto Star (Online Vancouver Section). Torstar Syndication Services. Archived from the original on October 29, 2019.
  41. Urban, Rebecca (August 8, 2019). "Feminists reject transgender law change". The Australian. Archived from the original on December 10, 2020.
  42. Hanson, Pauline (August 31, 2020). "BILLS - Australian Education Legislation Amendment (Prohibiting the Indoctrination of Children) Bill 2020 - Second Reading". Senate Hansard. Parliament of Australia. Archived from the original on October 1, 2020.
  43. Claxton, Mathew (August 27, 2020). "Controversial Langley activist sues Township, salon owners". Aldergrove Star. Postmedia Network. Archived from the original on August 30, 2020.
  44. Weichel, Andrew (December 16, 2019). "Trans activist involved in controversial waxing complaints facing weapons charges". CTV News Vancouver. Bell Media. Archived from the original on September 8, 2020.
  45. Takeuchi, Craig (December 16, 2019). "Langley woman, previously involved in B.C. genital-waxing case, arrested for weapon possession". The Georgia Straight. Media Central Corporation Inc. Archived from the original on September 8, 2020.
  46. Claxton, Matthew (January 21, 2021). "Health privacy breach claimed by controversial Langley woman". Langley Advance Times. Archived from the original on January 21, 2021.
  47. Brean, Joseph (October 29, 2019). "Meghan Murphy, the woman behind trans wars breaking out at the public library". National Post. Postmedia. Archived from the original on September 18, 2020.
  48. Unwin, Rosamund (May 19, 2019). "Fur flies over 'Brazilian' wax for trans woman Jessica Yaniv". The Times. UK. Archived from the original on February 24, 2020.
  49. Gollom, Mark (July 19, 2019). "For Twitter bans, a 'lack of transparency' is a bigger issue than political bias, experts say". CBC News. Radio-Canada. Archived from the original on May 28, 2020.

Further reading
This article is issued from Wikipedia. The text is licensed under Creative Commons - Attribution - Sharealike. Additional terms may apply for the media files.