BC Human Rights Tribunal Issues Landmark Sexual Assault Ruling

The case is jaw-dropping by the Tribunal's standards. Brace yourself.

The BC Human Rights Tribunal just released a ruling in a most peculiar and shocking case, awarding 100’000$ in damages for injury to dignity and self-respect to a victim of sexual assault and human trafficking essentially enslaved with cocaine by her employer.

The details are nearly unspeakable, so I’ll just copy this one paragraph from the ruling:

Ms. L worked as a personal executive assistant to Sydney Hayden and his companies, Clear Pacific Holdings Ltd. and Whitehawk Investments Ltd. During her employment, Mr. Hayden sexually assaulted and harassed Ms. L, withheld her wages, emotionally abused her, physically assaulted her, and abandoned her in a foreign country. He exploited her disability, a substance use disorder, to maintain control over her.

BC Human Rights Tribunal member Devyn Cousineau

It only gets more graphic from there. Here’s the link to the ruling for those interested in the details of the allegations: Ms. L v. Clear Pacific Holdings Ltd. and others, 2024 BCHRT 14. I shall spare the rest of you with details of a case which looks better suited for the criminal justice system.

This case has more peculiarities. For one, it deemed admissible allegations which took place abroad due to the employment relationship between the complainant and the respondent, the latter which is based in BC.

Another is that the respondent chose not to participate in the process, which is fairly rare. Unlike in other jurisdictions, a respondent may not acknowledge the complaint, in which case a hearing is held in absentia instead of a default ruling being entered in the complainant’s favour; this course of action is nevertheless considered unwise.

And then for the first time I’ve seen an empathic afterword to a ruling, which I’d rather quote verbatim:

[87]           The last question that Ms. L’s lawyer asked her during the hearing was “what are you proud of?” She answered:

I never thought I would be able to get to today and be able to do this. This is for me like taking back my power and being able to tell my truth. My parents have seen a lot of changes in me over the four years but I am really hard on myself … they’re not fast for me and I don’t see those changes like they see them. But I am very thankful that I am drug free and smoke free and, from that aspect, living a clean life. I am thankful for all the support that I have received with the counsellors, with you, with victim services, everybody that’s been a part of seeing me get through this and help me… whether that’s even just like walking out in public, going into a store, getting on a bus. Those small things. But everybody has played a role in getting me to that and it’s been years. I still have a lot of work to do but I have a lot of people rooting for me. I know now. So many people just want to see me be me again… I want to have joy. I want to be me again, I do. I’m hopeful.

I commend Ms. L for the strength it took to pursue this process to its end, and I wish her all the best.

Ms. L v. Clear Pacific Holdings Ltd. and others, 2024 BCHRT 14

Recent Posts

FULL DISCLOSURE: Victoria City Council Directory

Fellow activists and advocates, come read the answer to every question about Victoria city council members that you've been too…

20 hours ago

Environmental Activists Crash Cabinet Swearing Ceremony at Government House

Two dozen environmental activists staged a demonstration outside Government House in Victoria, as hundreds of guests lined up for the…

3 days ago

DOUBLE FEATURE: Palestine Solidary Rallies at Lockheed Martin’s Esquimalt Office, BC Legislature in Victoria

Been waiting for a Saturday that didn't feel like a routine Palestine protest? Here's two on the same day, including…

5 days ago

Letter Campaign: Uphold the Human Rights of the Unhoused Residents of Victoria

Demand Victoria council members comply with their legal obligations under human rights law, as enshrined under the Canadian Charter of…

2 weeks ago

Victoria Marches for Palestine, Take Fifty-Seven

While morale remains high among regular protesters even after a year of weekly demonstrations against the Israeli regime, the scene…

2 weeks ago

Introducing the Victoria Liberation Front

We are not powerless, we are disorganised!

3 weeks ago

Are you protesting social injustice?

Whether you're denouncing police brutality or government overreach, clamouring for a safe drug supply or affordable housing, defending homeless encampments or fighting off the colonial invader, advocating for the disabled or racial minorities, pursuing either legal or extralegal means of retaliation, you'll find plenty of interest within these pages by a fellow insurrectionist butting heads with a callous society and a corrupt system. Come misbehave with the rest of us!

Subscribe on wordpress.com (click the "Subscribe" button for email notifications)

Recent Posts