On the heels of the Jonathan Yaniv saga: Another Crazy BC Human Rights Tribunal Case

JT Beck aka Jay Tee Beck, 47, recently began to identify as sexless

Do Canadian citizens have the “Human Right” to donate blood without having their sex and their medical history recorded? One non-binary person, who had their sex deleted from their birth certificate and replaced with an “x” claims it is, and has filed a discrimination claim with the same tribunal overseeing the Yaniv case.

The imposition on women’s rights caused by the erasure of sex as a legal category in British Columbia and its replacement with ‘gender identity’ seemed to reach a pinnacle in the Yaniv case, where a man filed 16 human rights complaints against women who refused to wax his balls. But the absurdity continues.

Failure to screen blood donors for sex and medical history may result in death for blood recipients. Surely this risk should outweigh the angst felt by those who want to compel fellow citizens to pretend that biological reality does not exist.

Not according to JT Beck (alternately “Jay Tee” Beck) and her loony lawyer, Adrienne Smith, who is representing her in her claim. Both women have publicly renounced their sex and identify as “non-binary”, which means they have an internal sense of themselves as existing on a developmental pathway absent any reproductive characteristics (a state that does not exist, even among intersex persons, but never mind). Their quasi-religious beliefs about their allegedly metaphysical reproductive systems (or absence thereof), along with their assertion that identity is a personal determination and not a mutually agreed upon social contract with certain observable characteristics and shared definitions, are not only protected in BC law (as they should be, like all personal beliefs, no matter how unlikely) but fellow citizens are also compelled to pretend to share these beliefs.

Except when they’d like you to ignore them! Or something, as when social belief in their made-up (but unquestionable!) identities prevents them from doing something they want to do- like donate blood.

From CBC News:

A British Columbian who recently changed their legal gender to an “X” is filing a human rights complaint because they weren’t allowed to donate blood. 

JT Beck, who uses the pronouns they/them, says Canadian Blood Services (CBS) in Surrey refused to let them donate blood in June after staff discovered the new gender on Beck’s ID. 

“My reaction was a little bit of disbelief,” Beck said. “It was probably the most overt discrimination I’ve ever experienced in my life related to gender.” 

Beck, 47, thinks of gender as a spectrum. They place themselves toward the male end of that spectrum, but they don’t strictly see themselves as male. 

Beck is also a regular blood donor, and says they have donated at the Surrey location every three months for the past year.

Nothing about Beck’s health status or sexual orientation has changed, they say — just Beck’s legal gender on their driver’s licence, birth certificate and passport, which all have recently changed to mark Beck’s gender as “X.” 

The provincial and federal governments recently started to allow the gender status. The province says 39 B.C. Services Cards with an X have been produced to date, and another 22 are pending.

Lawyer Adrienne Smith, who will be representing Beck at the B.C. Human Rights Tribunal, says many organizations have yet to catch up.

“We’ve known from the start that this roll-out of the new gender-neutral [marker] has been poorly integrated with other British Columbia records, particularly health care and education,” Smith said. 

Beck says staff at the Canadian Blood Services where they tried to donate blood in June didn’t follow the agency’s own guidelines for dealing with trans and non-binary people who donate blood.

Beck hopes the human rights complaint will change that.

‘It just got very tense’

Canadian Blood Services says its information technology systems can’t accommodate an X gender at this time.

However, the organization says it does allow trans and non-binary people to donate blood, as long as they disclose their sex assigned at birth so they can screen for appropriate risks and not contaminate the country’s blood supply. 

For example, women who have been pregnant require additional testing because they’re more likely to have antibodies in their plasma, and men who have sex with men have to be abstinent for at least three months to donate because of additional risk of HIV/AIDS. 

But Beck says that’s what they did. Beck’s sex assigned at birth was already on file, and Beck says they asked blood services staff to continue processing the blood donation record as female.

Beck says a manager said keeping Beck’s female gender on file would be “a lie.”

“It just got very tense,” Beck said. “It felt very, very wrong at the time and very much more so now that I know more about their own policies.”

Beck says the exchange ended after staff insisted on a signed consent form to disclose all medical records. Beck was asked to leave after refusing to sign.

Protected human rights

Canadian Blood Services says it can’t disclose any details about the incident because of privacy reasons. 

Spokesperson Marcelo Dominguez reiterated the policy to disclose sex assigned at birth and invited Beck to submit feedback. 

Beck says it’s been more than a month since the incident occurred, and they have yet to hear from anyone at CBS.

Beck, who used to work as a midwife and recently graduated from law school, hopes that filing a complaint at the B.C. Human Rights Tribunal will prompt the blood service to follow its own policies. 

“They need to allow gender expression and gender identity, which are both protected human rights,” they said.

Smith, Beck’s lawyer, says one of the outcomes they’ll be seeking at the tribunal will likely be training so staff better understand the policy. Beck and their lawyers have six months from the time of the incident to file the complaint.” 

Both JT Beck and Adrienne Smith are activist lawyers who renounce their own female sex, and are dedicated to removing legal protections for all women and girls on the basis of sex, on that grounds that legal recognition of sex and sex-based inequity is harmful to the feelings and social status of those who benefit from sex-based inequity: males.  

#outlaws: getting rid of laws which protect women and girls

Adrienne Smith is a long term anti-feminist activist who penned an article in March on DailyXtra titled ‘Why Vancouver’s Funding Cut To A Women’s Shelter Is A Win For Trans Rights’.

Defunding Rape Relief services for women is a “Win” for Adrienne Smith

In this piece Smith outlined her belief that sex is an irrelevant characteristic to female victims of rape, who should not be supported if they require recovery services away from the presence of males. Smith used the piece to falsely claim that Vancouver Rape Relief and Feminist Current support the criminalization of exploited women (spoiler: they don’t!) and cited a bunch of completely fabricated statistics to support her claim that males are more likely to suffer sexual assault than females. For example, Smith states:

“Statistically, survivors of sex assault are more likely to be trans women than cisgender women. According to figures cited by the Human Rights Campaign, 47 percent of American trans respondents reported being sexually assaulted. These figures increase for people of colour.”

The figures Smith cites come from the 2015 internet survey conducted by Mara Keisling’s TransEquality organization. This survey based their sexual assault questions on the CDC’s own 2011 National Intimate Partner and Sexual Violence Survey [PDF].

According to the TransEquality survey cited by Adrienne Smith, transwomen (males who identify as women) reported a lifetime sexual assault rate of 37%, compared to a 51% rate suffered by transmen (females who identify as men) and a whopping 58% rate of lifetime sexual assault reported by Smith’s own demographic- females who identify as ‘non-binary’. The TransEquality survey did not differentiate between rape and other forms of unwanted sexual contact.

From the source Adrienne Smith cited

The lifetime sexual assault rate for females in general, according to the original CDC survey is:

43% lifetime sexual assault OTHER THAN RAPE and 19.3% lifetime rate of rape (forceful penetration).

Males simply do not suffer sexual assault more than females, regardless of how they “identify”. But why let facts stand in the way. If you are deranged enough to defund the longest running rape survivor service for female victims in British Columbia you are so far removed from reality (and human decency) that material facts are the least of your concerns.

Does the fact that males (including those who identify as transgender) are sexually assaulted less frequently than females mean that they should not receive victim services? Only in the fevered mind of Adrienne Smith. Vancouver Rape Relief is the ONLY provider in BC who does not require female victims to bunk with males as they try to recover. Donate here:

https://www.rapereliefshelter.bc.ca/help/donate/donate

Adrienne Smith successfully defunded recovery services for female victims of rape and now seeks to prevent medical providers from recording the sex and medical history of blood donors, although failure to do so could cause death. She is willing to lie about the facts to do so.

Sex-based services for women: “Hate”

Keep your eyes on the BC Human Rights Tribunal. Should be another interesting case.

12 thoughts on “On the heels of the Jonathan Yaniv saga: Another Crazy BC Human Rights Tribunal Case

  1. I’ll put the full text of Smith’s DailyXtra article here, in case it vanishes from archive

    ————————————

    5 min
    Why Vancouver’s funding cut to a women’s shelter is a win for trans rights
    Vancouver Rape Relief excluded trans women from using its support services

    By Adrienne Smith
    Mar 25, 2019, 4:43 PM EDT
    This week, Vancouver city council put Vancouver Rape Relief (VRR) on notice that it would not be renewing a city grant after the end of the year, because of the non-profit’s ongoing policy to exclude transgender women from volunteering or using its counselling and support services. The grant, valued at $34,000, will end by 2020.

    The decision came after years of debate and lobbying by the transgender community, legal scholars and sex workers, because VRR could not evolve beyond its 1970s roots and could not accept that trans women are women. And Vancouver’s decision has broader implications. The cancellation of funding and the backlash that follows demonstrates that our organizations must evolve with the times or risk their progressive credibility.

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    Vancouver councillor Sarah Kirby-Yung, who supported the decision, said, “I don’t want to live in a community that is not inclusive and rejects people especially if someone is going through trauma.”

    For an organization — Canada’s oldest rape crisis centre — that grew out of the second-wave women’s movement, I’m sure it was strange for its staff and board to find themselves being defended and supported by white supremacist groups and religious fundamentalists with whom it shares its anti-trans values.

    VRR found common ground with hate groups when it opposed the explicit protection of transgender people in the Canadian Human Rights Act and a section of the Criminal Code having to do with hate crimes: “We are worried that well-intentioned legislation will be used to undermine the rights of women and the crucial work of women’s groups to serve and organize with female-born women,” VRR said in its submission to the Senate committee considering Bill C-16, which protects gender identity and expression.

    They were joined in opposition to the bill by University of Toronto professor Jordan Peterson, who gained notoriety for his refusal to use students’ pronouns, and the Justice Centre for Constitutional Freedoms, a Canadian right-wing legal advocacy organization.

    The strangeness of these bedfellows struck me recently when I was dealing with a flare in anti-trans sentiment on Twitter. Twitter gives you the option to identify up to five other tweets from an account when making a report about objectionable content. About two-thirds of the accounts I reported, in my view, expressed Islamophobic and anti-migrant sentiments, and used language (“snowflake,” “political-correctness gone wild,” “affront to free speech”) that is associated with the far-right. These tended to use masculine or nonsense account names. The remaining third appeared to be accounts held by self-identified women, and used anti-trans rhetoric similar to the first group, but the accounts also made remarks about the seriousness of sex assault, the oppression of lesbian women, and other four-square feminist issues.

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    These days, it is more than just quaintly outmoded to conflate sex and gender in a way that invalidates the experience of transgender people, and to oversimplify sexual violence as an exclusively cis women’s issue. This vintage type of feminism also holds offensively paternalistic views about sex work most clearly articulated in VRR’s submission to the Supreme Court of Canada in the Canada (Attorney General) v. Bedford, 2013 SCC 72 — a case in which sex workers were seeking to overturn sections of the Criminal Code they said made life more dangerous for sex workers. VRR took the position that “prostitution” (the term they use instead of sex work) is inherently sexist and should be criminalized — a view often shared on the VRR-allied blog Feminist Current.

    Statistically, survivors of sex assault are more likely to be trans women than cisgender women. According to figures cited by the Human Rights Campaign, 47 percent of American trans respondents reported being sexually assaulted. These figures increase for people of colour.

    Luckily for survivors, only the propaganda wing of the organization has been clipped. The “education” program publicized VRR’s views about who counts as a woman in their view, and the dangers of sex work. Also lucky, and in my view too generous, is the grace period of one year VRR has been granted to adapt to the times. If they don’t, these services can be funded through one of the other rape crisis centres in the city — some of which share VRR’s roots, but have apologized to sex workers and changed their policies to be trans inclusive and intersectional.

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    Our Vancouver struggle is part of a greater global phenomenon. As trans people have become more visible and achieve more rights, those gains have been met by a rising backlash in the form of online harassment, anti-trans sentiment from politicians and the media and hate crimes.

    This month the UK appointed its first national advisor for LGBTQ2 health, earmarking 20 million pounds to support LGBTQ2 rights globally (including a targeted program to address transphobic bullying in school and a gender recognition act).

    Canada is evaluating government programs — including health policy, applications for federal documents and even how Canadians are addressed on the phone when they call a Service Canada agent — to make them more inclusive to LGBTQ2 folks (Randy Boissonnault, the special advisor on LGBTQ2 issues, has a report forthcoming). With Bill C-16, which passed in June 2017, gender identity and expression have been explicitly recognized as prohibited grounds for discrimination in human-rights legislation across the country. And in 2017 Prime Minister Justin Trudeau apologized to those who were fired from the public service and the Armed Forces for being queer.

    At the same time, our neighbours to the south are taking steps to exclude trans people from military service. Russia is implementing anti-gay laws. The leaders of Brazil and the US issued a joint statement last year in defence of traditional family values. Homophobes, transphobes, white supremacists and anti-migrant xenophobes are being appointed to key political and policy posts around the globe. Sex assault is more prevalent among trans people. There has been a rush of trans asylum seekers from places in Latin America and the Middle East coming to sanctuary cities hoping to escape state-sanctioned and private violence.

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    In 2014, the Inter American Commission on Human Rights reported that the life expectancy of trans women in the Americas is between 30 and 35 years of age. Every year on Nov 20 we memorialize the hundreds of trans people who were murdered because of their gender identity and expression.

    And added to this chorus of hateful voices stand VRR. In a tweet from March 20, the centre said that the “discontinuation of [the] grant to Vancouver Rape Relief shows trans activism is an attack on women.” It would be almost funny if it wasn’t so dangerous.

    Discontinuation of grant to Vancouver Rape Relief shows trans activism is an attack on women #womenonly #womensliberation https://t.co/wfbeajp3Y2 via @FeministCurrent

    — VancouverRapeRelief (@VanRapeRelief) March 21, 2019

    It would be a betrayal, too, if second-wave, radical or respectable feminisms had ever been there for transgender people, sex workers, Black and Indigenous people and other people of colour in the first place. The #Metoo pussy hat doesn’t represent most of us, and International Women’s Day is a time to watch our cis-ters decry the glass ceiling while reinforcing the glass floor against us.

    My community can take some comfort that at least this transphobia — be it far-right, religious fundamentalist or so-called “radical” feminist — is being challenged. At a recent convention of the BC Federation of Labour, the assembled delegates unanimously voted not to fund organizations like VRR that exclude transgender and non-binary people. Public sector unions celebrate our holidays, march with pride and develop important resources for their members like SOGI 123, and the Canadian Labour Congress’ Workers in Transition handbook.

    The city council decision to ask VRR for accountability is part of this important movement for equality and recognition. Private and religious organizations can spread abhorrent values to people who volunteer to hear them, but they are not entitled to public funds to do so.

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    Individual donors, many of whom define themselves as feminists, should consider how the cause of addressing sexualized violence is improved by leaving transgender survivors outside on the doorstep — lest they be judged by the company they keep.

    Adrienne Smith is a non-binary transgender person, and a Vancouver human rights lawyer. They use the gender-neutral pronouns they/them/their.
    This story is filed under Trans Rights, Vancouver, World, Opinion

  2. Heaven help me but as a Canadian taxpayer I find myself increasingly furious that the publicly funded BC Human Rights Tribunal is behaving in a way that GUARANTEES successful expensive lawsuits down the road. Those estheticians hounded out of business and stressed out are of course going to successfully sue because they should for the BCHRT aiding and abetting Yaniv. Ditto persons and entities that can build a case out of the information presented here. They SHOULD sue — I am not making a fat cat case for tort reform. I just mean the BCHRT is a classic case of bureaucratic autocracy, self-righteous hounding of citizens from the well insulated ship of state, and who is on the hook when it all gets exposed? Hahahahaha suckers! The same taxpayers they were surveilling for transphobia . They pretend to be on the side of the vulnerable but they are just petty tyrants with zero skin in the game.

    1. EXACTLY THIS.
      Here is Devyn Cousineau (the “judge” in the Jonathan Yaniv cases) writing in 2014 to lobby for the critically important creation of the BC Human Rights Council. Why? To protect the poor, the exploited, those grossly discriminated against, yada yada yada.

      BC’s workers need a human rights commission


      Now who do they actually represent?
      -White male establishment politicians who feel insulted by random religious nutters. (Oger)
      -White male racist perverts who want immigrant women to handle their balls (Yaniv).
      -White, identifying as sexless, gender-industry LAWYERS who think some low grade medical tech acknowledging their sex at the blood bank is “The most overt discrimination they’ve ever experienced IN THEIR LIFE”.
      I mean, Holy Shit!!!
      The BC Human Rights Tribunal should be protecting immigrant women working from home from sexual abuse and harassment by perverts. Protecting the rights of working class religious nutters to scream about Adam and Steve all they want. Protecting minimum wage blood bank techs from harassment by loony lawyers who want their fake reproductive “identity” treated as real- except when they don’t, and subpoena you.
      Horrible organization.

      1. THIS!!!!!!!!

        Also….if the standards for blood donation are lowered, to appeal to the…[and let’s call a spade a spade….] lunatic fringe, then many others will be put at risk. Even with ‘filtering’ of the blood, there will be a higher risk of contamination.

        Which leads into something else: while there is a plan for the US to increase the pool of available organs for transplant [Trump announced same a few weeks ago], this could very well lead to those demanding to be donators, but not giving info about their gender, let alone sex lives due to that being ‘phobic’. Imagine if you will, tainted kidneys, pancreases, lungs, hearts, etc…being allowed in the pool of ‘availability’ . And doctors being told, not to refuse the organs, lest they be suspended, fired or have their licenses revoked.

        Before anyone dismisses that as being an impossible outcome, if this issue with blood donation can happen in Canada, then the previously mentioned, via the last paragraph, situation, could very very well come about. Putting many more at risk.

  3. Considering that Canada has already been through one tainted blood scandal (https://en.wikipedia.org/wiki/Royal_Commission_of_Inquiry_on_the_Blood_System_in_Canada) it beggars belief that anyone would contemplate running the risk of this happening again. But then, “… a non-binary transgender person, and a Vancouver human rights lawyer”. Check, check, and…check. (BTW: how is it even possible, considering trans assertions, to be both non-binary and trans? Or am I making the mistake of expecting them to be consistent with their own ideology?)

    The scary thing is, they’re most likely going to win at the BCHRT. As will Yaniv. As will any other trans-identifying person who files a complaint with this O**r-appointed Star Chamber.

    1. I agree. According to the laws of British Columbia, the penis is a female sex organ. If Cousineau follows the law to the letter, Yaniv will win. Also this non-binary bullshit.

    2. In the land of PC insanity, yes…there are those who are stupid enough to run the risk again. Which of course, sets up one hell of an era of lawsuits to come, for endangering the public.

      Here is a thought for a possible professional protest: how about doctors, who are familiar with where [as in the name of the facility, which is their main blood and blood products supplier], saying they will refuse to perform operations [outside of those which are necessary], until the suppliers are changed to those, who have tighter standards, in re: donation? This is not as crazed an idea as it sounds, it is an issue….a rather important one, seeing what would and IS at stake.

  4. Red Cross could just take the blood and then discard it. There would be a minimal collection cost, but in the long term it would save millions of dollars.

  5. the american red cross makes you fill out all the questions intended for both sexes if you identify as anything other than a biological male/female. So you have twice the number of chances to be rejected. That really seems like a fine way to resolve the problem that crazy people have created with their bullshit. The patient population desperately needs blood donors, that matters more in this situation imo.

  6. I am old enough to remember the Red Cross tainted blood scandal. I can only look with contempt at these transactivists. They are willing to jeopardize the Canadian blood system for their gender identities? Wtf???

  7. You’re a little late to the party, even as LGB started revving up in the mid-to-late 2000’s the tredy thing was to identify as bisexual or heteroflexible but the intent was always there, to feed the ego with social capital from being the outcast, well before the Trans train left the station. AGP’s are justthe latest incarnation of egomaniacs looking to create an interesting, engaged persona about themselves without actually doing anything that requires effort. Yaniv is just the latest sign that we are approaching the logical extreme of the coupling between inclusivity and this narcissistic quest to be the outcast and thus interesting. Also, yea he definitely gets off on all this attention.

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