Sixteen Canadian estheticians who specialize in providing “Brazilian” bikini waxes for women have had Human Rights complaints filed against them by a male-to-female transgender woman after they refused to wax her male genitalia.
John Carpay, a lawyer and the president of the Justice Centre for Constitutional Freedoms, is representing two of the women who are being targeted by the complainant, who is referred to only as “JY.” In accordance with an order from the BC Human Rights Tribunal, the transgender individual must be kept anonymous.
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“In recent months, JY approached 16 Vancouver-area female estheticians who only serve women, requesting a ‘Brazilian’ bikini wax on his groin area,” revealed Carpay on Tuesday.
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“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 female estheticians in question only serve women and do not offer so-called “Manzilians” — the male equivalent to a Brazilian wax.
“The procedure for providing a man with a ‘Manzilian’ is quite different, using a different kind of wax and a different technique,” noted the lawyer.
Shelah Poyer, one of the women Carpay is defending against JY pro bono, is a single mother who works out of her home.
According to the lawyer, JY said he was willing to withdraw his complaint against Poyer 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,” noted Carpay.
The complaint against Poyer, however, was withdrawn without so much as a hearing after Carpay informed JY in September that he’d be challenging the complaint:
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.
Carpay claims fighting the complaint through to a hearing can cost an esthetician upward of $20,000, thus noting how tempting it might be to pay off JY his requested amount — especially if these women do not have legal representation, which seems highly likely.
“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,” he explained.
Moreover, the Tribunal has refused to inform the 14 other women that theJustice Centre for Constitutional Freedoms would be willing to represent them against the complaint free of 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,” Carpay stressed.
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