Physical Assault and Trans Slurs Compensated With Only $15,000
Unlike several US states, in Ontario, individuals may use the washroom of their gender identity, not biology. Despite this protection, transgendered Ontarians continue to experience horrific treatment from some establishments.
A recent decision of the Ontario Human Rights Tribunal (“the Tribunal”), illustrates the ongoing battle Trans persons face.
In Lewis v. Sugar Daddys Nightclub, 2016 HRTO 347 the Tribunal heard the story of an applicant, Cesar Lewis, who was physically and verbally assaulted by security at Sugar Daddys Nightclub.
In January 2014, Lewis visited the nightclub with several friends. At the time, Lewis identified as ‘transgender neutral questioning transgender male’ likely meaning that Lewis was born female and was considering transitioning to male but had not entirely commenced or completed that transition.
At one point in the evening, Lewis entered the men’s washroom, as was the right in Ontario. While in the washroom cubicle, Lewis was accosted by the nightclub’s security. The security guard then proceeded to pull Lewis out of the washroom resulting in urine soaking his pants. After an argument, and upon learning that Lewis’ identification used a female name, the security guard forcibly dragged Lewis from the nightclub using slurs such as “you freaks need to get your fucking faggot asses out of this club” and I told “you faggot dykes to leave.” Outside the club, the security guard slapped Lewis in the face, pushed him to the ground and kicked his back and head at least 10 times. Lewis eventually got free and sought medical and police assistance.
At the Tribunal, the Vice-Chair hearing this evidence acknowledged the principle that human rights damages ought not to be so low as to trivialize human rights and create a license to discriminate. The Vice-Chair further noted that the objective seriousness of the conduct is relevant to the award. Despite this, the Vice-Chair then ordered $15,000 to compensate Lewis for the treatment experienced at the hands of Sugar Daddys Nightclub staff.
In 2012, gender identity and expression were added to the Ontario Human Rights Code as protected grounds. This was a positive step for Trans rights in Ontario. However, this legislative right alone, cannot result in actual change in society. Rights must be accompanied by real consequences of a breach by an individual or business.
The Lewis decision demonstrates the ongoing need for the Tribunal to re-evaluate its remedies. As I have said before, low damage awards for serious breaches of the Code, can do more harm than good. Serious physical assault accompanied by prejudicial slurs must be compensated with more than $15,000 if human rights in Ontario are to have any meaning.
If you have experienced a violation of your human rights a lawyer at MacLeod Law Firm can assist you. Please contact us at [email protected] or 647-204-8107.
The material and information in this blog and this website are for general information only. They should not be relied on as legal advice or opinion. The authors make no claims, promises, or guarantees about the accuracy, completeness, or adequacy of any information referred to in this blog or its links. No person should act or refrain from acting in reliance on any information found on this website or blog. Readers should obtain appropriate professional advice from a lawyer duly licensed in the relevant jurisdiction. These materials do not create a lawyer-client relationship between you and any of the authors or the MacLeod Law Firm.
Justice for Unionized Employees
Unionized employees often seek our advice regarding human rights issues in their workplace. Sometimes this is because human rights violations have occurred and the union is not assisting them. Other times, the union itself may be part of the problem. The rights of...
Employee Entitlements Upon Termination
Termination is a stressful experience for any employee. An employee who has been fired needs to understand what their employer owes them, and what their employer is offering them. When employers do not make this clear, additional damages could be due to the employee....
Notice of Termination: Appeal Court Weighs in
When terminated, an employee should generally receive reasonable notice of termination or pay instead of notice. This is unless the employee has signed a contract that contains an enforceable termination clause (which we’ve written about here). The calculation of the...