Canadian Transgender Loses ‘Brazilian Wax’ Case

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by Martina Moyski  •  ChurchMilitant.com  •  October 23, 2019   

Court orders Jessica Yaniv to pay $6K

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VANCOUVER, British Columbia (ChurchMilitant.com) - While self-described feminist Justin Trudeau won the Canadian election this week, a transgender activist lost the complaint he brought against aestheticians who refused to wax his male genitalia.

Jessica Yaniv, a biological male, alleged he was denied waxing services for his genitals and limbs by several salons, accusing them of violating his rights in a complaint brought before the British Columbia Human Rights Tribunal.

"Ms. Yaniv," as the transgender activist is referred to in the Tribunal document, said the respondents refused to "wax her scrotum" in five cases and "her arms and legs" in two cases.

The complaint was dismissed Tuesday by tribunal member Devyn Cousineau.

"In the genital waxing cases, I find that scrotum waxing was not a service customarily provided by the Respondents," Cousineau wrote. "As such, they did not deny Ms. Yaniv a service and did not discriminate against her."

In connection to the leg and arm waxing cases, Cousineau found that Yaniv filed the complaints for "improper purposes."


Cousineau argued Yaniv was motivated by "personal financial gain and/or to punish ethnic groups which she perceived as hostile to the rights of LGBTQ+ people."

Most of the cases involved "racialized women with imperfect English," several of whom operated businesses from home.

The tribunal member spoke of Yaniv's profligate "pattern of filing human rights complaints" that "target small businesses." 

Rebel Media journalist Keean Bexte tweeted about the ruling: "Finally. Some good news"  — a remark best seen in the context of the Trudeau victory.

"Jessica Yaniv has just been ordered to pay legal costs to the business owners Yaniv harassed at the Human Rights Tribunal. The estheticians do not have to handle Yaniv's male genitalia now or ever again," Bexte added.

Breitbart News was more subdued about the "good news." It maintained Cousineau's ruling suggested women down the road may need to provide the sexually intimate service to male bodies if the Canadian licensing boards require cosmeticians to learn how to do the service. 

"Human rights legislation does not require a service provider to wax a type of genitals they are not trained for and have not consented to wax. ... There are differences between waxing the genitals of a person with a vulva and a person with a penis and scrotum," said Cousineau in the 61-page ruling.

The tribunal judge also repeatedly affirmed transgender ideology by reducing a woman to "a person with a vulva" and a man to "a person with a penis and scrotum," downplaying other critical aspects of human personalities.

Cousineau ordered Yaniv to pay a penalty of $2,000 to each of the three respondents:

I am satisfied that $6,000 strikes the right balance in expressing the Tribunal's condemnation of Ms. Yaniv's conduct while not exacting too harsh a punishment on her. In the circumstances, although Ms. Yaniv's conduct has likely impacted all of the Respondents to her complaints, I can only issue this order against those Represented Respondents who attended the hearing and advanced this application. 

Sandeep Benipal, Marcia DaSilva and Sukhi Hehar are the represented respondents.

Angela Barnetson, a licensed aesthetician who teaches at the Blanche Macdonald Centre in Vancouver, also weighed in with relevant distinctions. She testified that the beauty industry refers to the waxing of biologically female parts as a Brazilian wax and waxing of biologically male parts as a "brozilian" or "manzilian" wax.

Barnetson told the tribunal the "brozilian" procedure is "highly technical" and "substantively different" from a Brazilian procedure, adding the technique is not taught at Blanche Macdonald Centre.

"I do not accept that a person's decision to touch a stranger's vulva then requires them to also touch a stranger's penis and scrotum," parsed Cousineau.
 

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