Ontario Human Rights Court Dismisses Trans Activist’s Case Against Beauty Pageant

Ontario Human Rights Court Dismisses Trans Activist’s Case Against Beauty Pageant
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The Ontario Human Rights Tribunal on July 28 dismissed a complaint by a transgender activist against a beauty pageant company for not being included in the competition.

The complaint was brought in 2019 by Jessica Simpson (born Jonathan Yaniv and going by Jessica Yaniv at the time) against Canada Galaxy Pageants (CGP) after the company asked Simpson for proof of full transition from male to female before being allowed to compete in its beauty pageant.

Simpson refused to provide the documentation and filed a complaint with the Human Rights Tribunal of Ontario, asking that CGP be required to allow biological males to compete in its pageants as well as to pay out $10,000 for an “injury to dignity and feelings.”

The Justice Centre for Constitutional Freedoms (JCCF), who provided legal representation to CGP, issued a statement July 28 saying that the dismissal was the correct decision, although even if the case had moved forward, the company was prepared.

“Canada Galaxy Pageants was fully prepared to defend itself against Simpson’s discrimination allegations,” JCCF wrote. “The hearing was expected to feature evidence from six parents who planned to testify that it is not appropriate for transwomen with male genitals to participate in a women’s beauty pageant where their underaged daughters are competing.”

Mississauga-based CGP does permit transgender people to take part in pageants, but requires not having male genitalia and for proof to be submitted of full gender transition in order for these individuals to take part in its female-only pageants.

According to the JCCF, the Human Rights Tribunal dismissed the case after Simpson did not submit the materials required for a hearing, despite being given multiple extensions from the court. JCCF says CGP filed nine witness statements from concerned parents and others after being asked to submit materials in January, but Simpson was given numerous extensions to submit material and ultimately only Simpson’s mother was provided as a witness for the claimant.

“Sometimes justice is served before parties set foot into a hearing,” said constitutional lawyer Allison Pejovic. “After five years of delays on the Tribunal’s end and then giving Jessica Simpson many chances to properly prepare for the hearing, the Tribunal did the right thing to dismiss Simpson’s complaint of discrimination based on gender identity and expression.”

According to Pejovic, the CGP and parents “stood up for safe spaces for women and girls” by not letting Simpson compete without proof of transition.

“While we wish that the Tribunal had dismissed the complaint as frivolous, the Tribunal’s decision still sends a strong message about the importance of procedural integrity,” Pejovic said.

Simpson made headlines in 2018 after bringing forward multiple human rights cases to the B.C. Human Rights tribunal over local spas who refused to do a Brazilian wax procedure on Simpson’s genital area. The B.C. tribunal found there was no violation of Simpson’s human rights in any of these complaints brought forward.

Simpson did not respond to request for comment by publication time.