Waxing not human right, trans woman told

Canadian court accuses activist of using law for financial gain after salons refused to give ‘Brazilian’

A CANADIAN transgender woman has been accused of using human rights law for financial gain as she lost a landmark discrimination case over the refusal by several beauticians to provide her with body waxing services.

Jessica Yaniv – who identifies as a woman but has male genitalia – also used the law to punish minorities who she deemed to be hostile to LGBT rights, the British Columbia human rights tribunal said.

The court ordered Ms Yaniv to pay C$2,000 (£1,180) in damages to each of three respondents, all of whom are from minority backgrounds and work in their own or in clients’ homes. Two had to close businesses due to the complaints, their lawyers said.

The court heard that in five cases, Ms Yaniv used Facebook messages to contact salons requesting a Brazilian wax, which is supposed to remove all pubic hair. Experts said waxing male genitalia could pose a serious risk of injury if the provider was not properly trained.

Ms Yaniv argued that the refusals amounted to discrimination, in violation of the human rights code. “None of these providers had any issue with anything until I mentioned I was transgender,” Ms Yaniv told the court.

In 10 of 13 complaints she had sought an apology, C$3,000 damages and a tribunal statement prohibiting refusal of waxing based on discrimination.

But the tribunal ruled that human rights legislation did not oblige a beautician to wax genitalia that they had not consented to or had training for.

“No woman should be compelled to touch male genitalia against her will,” irrespective of identification, said Jay Cameron, of the Justice Centre for Constitutional Freedoms, which represented three of the respondents.

Devyn Cousineau, a member of the tribunal, said Ms Yaniv was “partly motivated” by her desire to tackle the systemic discrimination transgender women face in the beauty industry.

“However, I find that Ms Yaniv’s predominant motive… [is] to target small businesses for personal financial gains,” Ms Cousineau wrote.

Ms Yaniv was “also motivated to punish racialised and immigrant women based on her perception that certain ethnic groups … are ‘taking over’ and advancing an agenda hostile to” LGBT people, Ms Cousineau added.