Whatcott Replies to Oger’s Lawyer’s Demand that the Tribunal Say O is a Woman

Whatcott responds to delusional letter from Ronan’s lawyer

Postby Bill Whatcott » Mon Oct 02, 2017 5:22 am

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Ronan (picture left) when he was a husband and father of two children 5 years ago. Ronan (picture right) campaigning for NDP in Downtown Toronto riding Vancouver False Greek.

Bill Whatcott’s response to Ms. Susanna Quail’s long winded letter to the BCHRT asking the member Walter Rilkoff to reconsider his decision to not rewrite one sentence in his decision on interveners in Oger vs Whatcott to suit Ronan Oger’s gender delusion.

October. 1, 2017
BC Human Rights Tribunal
1170-605 Robson St
Vancouver BC V6B 5J3
September 27, 2017

ATTN: Daniel Varnals, Case Manager

Re: Morgane Oger v Bill Whatcott (Case Number: 16408)

The defendant hereby responds to the spurious and factually erroneous arguments of the complainant and his counsel, Ms. Quail.

Ms. Quail started this circus by claiming in her e-mail exchange with the BCHRT that the complainant “was not born as male.”

The defendant, the complainant’s obstatrician who gave birth to him, the French government and the complainant’s ex-wife to only name a few, know otherwise. The bottom line is, if the complainant and his counsel are deluded on a fact as basic as the complainant’s sex at birth then they won’t be credible on just about anything else. Indeed the defendant can demonstrate that Ms. Quail is light on facts with just about everything she says in her latest letter by doing a very quick and superficial critique of her arguments in her September 27th, “Application for reconsideration.”

Ms. Quail claims “The Complainant’s gender identity is not on the record.”

Actually, the complainant’s gender identity is on the record.

On page 1 of the original complaint against me, Ms Quail wrote: “The Flyer attacks Ms Oger’s gender identity. It says Ms. Oger’s gender identity is false and an “impossibility” and that transgender people like Ms. Oger are at elevated risk of various diseases and violent acts.”

As the Tribunal can see in the above paragraph Ms. Quail refers to the complainant with a female pronoun and Ms. Quail tells the tribunal and anyone reading the complaint that the complainant is transgender.

Ms. Quail states “The Complainant’s gender identity is irrelevant to the complaint.”

With all due respect the complainant seems to believe his gender identity is relevant to the complaint. On Twitter three days after launching his complaint, the complainant wrote: “Monday I filed a BC #Human Rights tribunal (sic) complaint against Bill Whatcott due to hateful acts over my gender identity + expression.”

Ms. Quail incorrectly states, “It is not the normal practice of the Tribunal or of any decision-making body, to the Complainant’s knowledge, to require parties to prove such personal, intimate elements of their identity as their sex.”

In actual fact defendants are entitled to discovery, especially in matters that are pertinent to the defendant’s defense. In any event the complainant’s so-called gender identity is not really all that personal or private of a matter. A quick perusal of the CBC, Globe & Mail, Youtube, Vancouver Province, Xtra, Facebook, Twitter, etc, etc, etc….. will show quite definitively that the complainant’s gender identity is just about the only thing he actually talks about when speaking to the public. And a quick check will confirm the complainant likes to talk about his gender identity in public often.

Some pertinent questions that the defendant believes should be answered by the complainant’s counsel if the BCHRT is actually going to entertain this request for the reconsideration of Walter Rilkoff’s September 13, 2017 decision in regards to interveners in the Oger vs Whatcott case where Mr. Rilkoff aptly noted “Ms. Oger was born as a male but identifies as a female.”

1. What does the complainant’s French Birth Certificate identify him as?
2. Did the complainant’s obstetrician and/or midwife identify him as a male or a female when he was born?
3. Did the complainant’s mother think she had a boy or a girl when she gave birth to the complainant?
4. Did the complainant identify as a woman when he first met his ex-wife? Did the complainant’s ex-wife think the complainant was born male or female when she got married and had children with the complainant?
5. Did the complainant’s foundational Canadian identity documents (passport, citizenship papers) identify him as a boy or a girl 10, 20, or 30 years ago?
6. When the complainant applied for entry into the University of British Columbia in 1986 did he check the male or the female box?
7. If the complainant presented himself as a male when applying for university or when courting his ex-wife, why should the BCHRT or Defendant think the complainant was born a female?

Shouldn’t the defendant have a right to have an answer to these questions if the defendant is being charged under Section 7a and b of the BC Human Rights Code, because the defendant allegedly offended the complainant’s alleged gender identity?

In Christ’s Service
Bill Whatcott

Ms. Quail’s long letter not letting go of a BCHRT member’s decsion to not waste more time and money pandering to Ronan’s neurosis over a sentence referring to him as “born a male.”

BC Human Rights Tribunal
1170-605 Robson St
Vancouver BC V6B 5J3
September 27, 2017

ATTN: Daniel Varnals, Case Manager

Re: Morgane Oger v Bill Whatcott (Case Number: 16408)

The Complainant hereby applies for reconsideration of the Tribunal’s decision
communicated in a letter dated September 13, 2017, in which the Tribunal declined to
correct an error in decision number 2017 BCHRT 195, at paragraph 2.

For clarity, the Complainant is not seeking reconsideration of the merits of 2017 BCHRT
195, granting intervenor status to the Canadian Association for Free Expression and
denying intervenor status to Gordon Watson. The Complainant only seeks
reconsideration of the Tribunal’s decision not to correct an error made in 2017 BCHRT 195
at paragraph 2.

The first sentence of that paragraph says: “Ms. Oger was born as a male but identifies as a

Counsel for the Complainant brought this error to the Tribunal’s attention on September
12, 2015, by email (attached hereto as Appendix A). As set out in that email, the
Complainant was not born male. The Tribunal responded stating that the Tribunal
Member did not understand where the error was, and asked counsel for the Complainant
to describe how this sentence was in error.

Counsel responded, stating: “Ms. Oger was not born as male.”

On September 13, 2017, the Tribunal responded by letter (attached hereto as Appendix
B), stating that it would not correct this error. The Tribunal stated that the burden is on
the person seeking a correction to persuade the Tribunal that the particular statement
said to be in error was indeed an error, and Ms. Oger had not done so.

page 2

Demanding that the Complainant, a transgender person, prove her identity is
itself discriminatory

It is not the normal practice of the Tribunal or of any decision-making body, to the
Complainant’s knowledge, to require parties to prove such personal, intimate elements of
their identity as their sex. To do so would be (and is in this case) highly invasive.
Individuals are taken at their word that they are male, female, transgender, or any other
applicable gender identity.

The Tribunal has required Ms. Oger to persuade it that the statement that she was “born
a male” is false. Ms. Oger telling the Tribunal that that is not her gender identity is
sufficient proof.

Ms. Oger has offered to provide a copy of her identity document, which indicates that her
sex, in the eyes of the law, is female. It is not “born male but now identifies as female.”
Ms. Oger stated and continues to assert that she should not be required to furnish
identity documents for the Tribunal to accept that her gender identity is as she says it is.
This is a burden imposed on her, a transgender person, but not on any other party to any
other case before the Tribunal to the Complainant’s or counsel’s knowledge.

The Complainant is not aware of any case in which a cisgender complainant has been
required to persuade the Tribunal that they are the sex or gender they say they are.
Transgender persons are routinely challenged on the veracity of their gender identity. In
fact, that is what this case is about: the Respondent and Intervenor refuse to accept that
Ms. Oger’s, and other transgender individuals’, gender identity is real.

For the Tribunal to require Ms. Oger to furnish proof of her sex or gender identity is a
further perpetuation of this very discrimination. It relies on and extends the stereotype
that transgender people’s own statements about who they are cannot be accepted as true.

The Complainant’s gender identity is not on the record

There was nothing in the application or anywhere in the record for the Tribunal member
to make the statement made in paragraph 2, that Ms. Oger was born male. The Tribunal
member invented this fact.

It is not open to the Tribunal to invent facts about parties and then require parties to
persuade them that those invented facts are false.

The Complainant’s gender identity is irrelevant to the complaint

Ms. Oger’s gender identity is irrelevant to this complaint. Ms. Oger is a transgender
woman, not a person “born as male who now identifies as female”, but even that fact is

page 3

irrelevant. As determined in School District No. 44 (North Vancouver) v Jubran, 2005
BCCA 201, a complainant need not actually possess the personal characteristic forming
the basis of the discrimination in order to succeed in establishing a breach of the Code.
The Tribunal Member has asserted a fact that is not only false, but entirely irrelevant to
the complaint before the Tribunal.

This is not a case in which the applicant for reconsideration seeks to submit
information they should have previously put forward

Reconsideration applications cannot be used to put information before the Tribunal that
should have been, but was not, put before the Tribunal at an earlier stage: Hanlon v City
of North Vancouver and another (No. 2), 2016 BCHRT 152 at para 7.

In this case, argument about or proof of Ms. Oger’s gender identity is not information
that the Complaint ought to have previously put forward. It is not the case, ever, that a
complainant must prove that they possess the characteristic that is the subject of
discrimination in order to succeed in a complaint before the Tribunal. As stated above, it
perpetuates discriminatory stereotypes to assert that transgender complainants must
prove their gender identity in order to pursue a complaint before the Tribunal.

The question of the Complainant’s gender identity will not be resolved in a
determination of the merits of this complaint

The Tribunal’s letter of September 13, 2017 refers to the fact that this is an interim
decision and suggests that “even that simple sentence” (describing Ms. Oger as “born as a
male”) will be the subject of argument at a hearing of the complaint on the merits.

Ms. Oger’s gender identity will not be the subject of argument at a hearing of the
complaint on the merits.

Ms. Oger’s gender identity is irrelevant to the merits of her complaint.

The question before the Tribunal at a hearing on the merits of the complaint will be
whether the Respondent has breached section 7 of the Code. There is no reason for the
Tribunal to make a finding of fact as to the Complainant’s gender identity in order to
answer that question.

In any event, the parties do not dispute that Ms. Oger is transgender: the parties dispute
whether transgender people’s gender identity is real, and whether persons like the
Respondent may publish hateful materials about transgender people without offending
the Code. The Tribunal is not asked to determine Ms. Oger’s gender identity at any point
in this complaint.

The Complainant suffers prejudice by having the decision stand uncorrected

page 4

The erroneous statement that Ms. Oger “was born as male but identifies as female” is
based on pernicious, discriminatory stereotypes about transgender people, and is wrong
in law.

When transgender people legally change the sex marker on their birth certificates or
other foundational identity documents, that change is not prospective only. A birth
certificate that was formerly marked “M” is not now marked “Born M but now identifies
as F”. It is marked “F”. In the eyes of the law, the individual was always female but was
mis-identified as male prior to the correction of the birth certificate.

More importantly, transgender people experience their own gender identities in many
different ways. While some people might experience that they used to be one gender but
now identify as a different gender, many transgender people experience that they have
always been one gender, but were misidentified by the world around them.

The idea that transgender people were “born” one way but “identify” differently rests on
the assumption that there is a true, biological gender of each person, determinable by the
shape of their external genitalia, and that a transgender person has deviated from that
true, biological gender.

The statement that Ms. Oger “was born as male but identifies as female” is false and
perpetuates stereotypes about her and other transgender people. It now exists in a
published decision of a legal decision-making body. It is available on CanLII and on the
Tribunal’s website. There exists a binding legal statement that Ms. Oger’s sex and gender
are something other than what they are. Ms. Oger is a prominent activist for transgender
rights and other social causes, and the impacts of this false statement on her sense of self
and public reputation are significant.

The interests of fairness and justice and the purposes of the Code militate in
favour of reconsideration

Reconsideration may be granted where to do so would serve the interests of fairness and
justice: Grant v City of Vancouver and others (No. 4), 2007 BCHRT 206 at para 8.

The erroneous statement is not only patently false, it perpetuates the very discriminatory
thinking that is at the centre of this case. The erroneous statement makes a finding of fact
on something that is wholly irrelevant to the complaint. The Tribunal has gratuitously
invented a fact about the Complainant and then required the Complainant to prove that
this erroneous, extraneous, and discriminatory “fact” is false.

The inclusion of this erroneous, extraneous, and discriminatory “fact” in 2017 BCHRT 195
is contrary to the purposes of the Code.

page 5

It is contrary to promoting a climate of understanding and mutual respect where all are
equal in dignity and rights (s. 3(b)): it creates a standard where cisgender people are who
they say they are, but transgender people have to persuade the Tribunal that their selfdeclarations
are true.

It is contrary to the prevention of discrimination prohibited by the Code (s. 3 (c)), because
it perpetuates stereotyped thinking that assumes that transgender people have a “true”
biological sex, assigned at birth, and change from that true sex to something else that is
merely an identity.

It is contrary to the provision of a means of redress for persons discriminated against
contrary to the Code (s. 3(e)): transgender people will be dissuaded from seeking redress
through the Tribunal if the message to them is that they will have to prove their sex or
gender, or risk having a false statement about who they are published by the Tribunal in a
binding decision, which the Tribunal refuses to correct.

For all of the above reasons, the Complainant asks that the Tribunal’s decision refusing to
correct the error in 2017 BCHRT 195 at paragraph 2, communicated by letter dated
September 13, 2017, be reconsidered.

All of which is respectfully submitted on behalf of the Complainant,

per Susanna Allevato Quail
Barrister & Solicitor

cc Morgane Oger
Bill Whatcott




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Open Letter to Walter Rilkoff, LGBT Activist and BC Human Rights
Tribunal Kangaroo Adjudicator

Re: Morgane Oger vs Bill Whatcott (case number: 16408)

Dear Mr. Rilkoff,

I have received your letter incorrectly accusing me of unilaterally attempting to determine what the complainant will call himself. On June 9, 2017 you wrote, “The Complainant is entitled to use her name in the complaint process. It is certainly not for Mr. Whatcott to determine what the Complainant will call herself, and his unilateral attempt to do so is disrespectful and will not be tolerated.”

In actual fact I have no power or capacity to determine what either you or Ronan Oger will call himself. If you and Ronan want to indulge his gender confusion and refer to him as “Morgane Oger” have at it. If you want to call Ronan a tomato, a dog, or a cat; I can’t stop you from doing that either. The problem I have with this process is you are exhibiting obvious bias that gives me no confidence you are even capable of arriving at an impartial decision regarding this matter and it is you who is unilaterally determining what the Defendant can and cannot say and indeed you are backing your unilateral attempt to control my speech with threats of legal sanctions. You wrote “He (Whatcott) may not refer to the Complainant as “Ronan Oger,” “he” or “him.” You further go on to say, “Further instances of such behaviour may also subject Mr. Whatcott to an order to pay costs pursuant to s. 37(4)(a) of the Human Rights Code.”

Of course the complaint you are appointed to adjudicate stems from my election flyer delivered during BC’s recent provincial election arguing Mr. Oger is a biological male and that his so-called transgender activism and proven history of wanting legal protection for his fake identity enshrined into law, is incompatible with God’s will for humanity and what I perceive to be good government. Your letter to me on British Columbia Human Rights Tribunal letterhead clearly indicates you believe punitive measures employed by state organs (even before the case goes to trial) are an acceptable measure to employ to prevent me from arguing what I argued in my election flyer (that the NDP candidate for Vancouver False Creek is a gender confused male). Hence, it appears to me that the ruling you will make is already decided in favour of LGBT falsehood and you simply want me to politely go along with this fraudulent process, so that your ruling which will be an affront to democratic freedom and the right to speak what is true can have a veneer of legal respectability.

Please be advised I have no interest in cooperating with such a biased and fraudulent process and I will not use the fake pro-nouns you prescribe “she” or “her,” nor will I use Ronan’s transvestite fantasy name “Morgane,” even if the government gave him a birth certificate with that obviously feminine name, nor will I use your gender neutral alternative “the Complainant,” as I believe to do so will mean I am cooperating with LGBT tyranny and falsehood. I am only open to using male pronouns when referring to biological males, or as a possible compromise if the Tribunal and Ronan’s counsel finds it acceptable, I can refer to Ronan in this process as the “biological male.” Various media reports even while calling Ronan a woman acknowledge he was born a biological male and I assume the Tribunal and Ronan’s lawyer acknowledge the reality that Ronan is a biological male, even as you insist the Defendant and presumably all BC residents refer to him with female or gender neutral pronouns.

If you find the term “biological male” unacceptable when referring to Mr. Oger and you have no acceptable (to me) alternative, then please be advised I will continue to use Mr. Oger’s birth name and male pronouns when referring to him, as God has clearly created him male and you should have no authority to coerce me into saying otherwise. In the absence of a mutually acceptable compromise on how to address Ronan Oger, the NDP Vancouver-False Creek candidate, who is now a human rights complainant because I referred to him as a biological male; I will continue to speak what is true regardless of any financial penalties or other measures you decide to impose on me.

In Christ’s Service,
Bill Whatcott, Ph: 778-837-3650, e-mail: billwhatcott@gmail.com, website: http://www.freenorthamerica.ca

For more background information on how Bill Whatcott’s election flyer calling on Vancouver- False Creek residents to reject the false concept of “transgender” (no one can change their gender, one can only mutilate their body and cross dress to look like the gender they are not), and to turn to Jesus Christ in repentance and vote according to Godly and Biblical values, resulted in him being dragged before the BC Human Rights Tribunal and is now being threatened with legal sanctions if he continues to use correct male pronouns go to:

To see Bill Whatcott’s truthful election flyer go here: viewtopic.php?f=16&t=10624
To see Mr. Oger’s human rights complaint and Bill Whatcott’s response go here: viewtopic.php?f=16&t=10638#p26188
To see the biased adjudicator Walter Rilkoff’s threat letter go here: viewtopic.php?f=16&t=10640

“Lord, who may abide in Your tabernacle? Who may dwell in Your holy hill? He who walks uprightly, And works righteousness, And speaks the truth in his heart.” Psalm 15:1, 2

Whatcott Ordered to Use Transgendered’s Pronoun of Choice in Referring to Complainant

Whatcott Ordered to Use Transgendered’s Pronoun of Choice in Referring to  Complainant

Christian evangelist and activist Bill Whatcott handed out some 1,500 leaflets in the Vancouver-False Creek riding prior to the May 8 provincial election in British Columbia challenging transgendered activist Ronan Oger, who now styles him/her/itself as Morgane. Auger was born male and fathered children but now acts as female. Mr. Whatcott argued that if Auger is confused about his sexually identity and rebelling against the law of God, he might not make a very good MLA. Auger, running for the NDP, hoped to be the first transgendered MLA. Whatcott’s leaflet went viral on the social media. He was assaulted and cursed by some in the heavily homosexual riding. In one building, two beefy lesbians rushed him and tried to drive him out. Whatcott feels he influenced many Chinese who received the leaflet. The Chinese take a traditional approach to sexuality. Auger was narrowly defeated and Whatcott’s witnessing may well have played a role. Predictably, all three parties — Liberals, NDP and Greens — denounced Whatcott. Vengeance came swiftly. Shortly after the election,  on May 22, Auger filed a complaint of discrimination with the British Columbia Human Rights Tribunal. He claimed Mr. Whatcott’s leaflets exposed the transgendered to “hatred or contempt”, And, of course, among other things, he wanted money —  “damages for injury to his dignity and reputation.”


Mr. Whatcott filed a spirited response: “I refuse to refer to the complainant as ‘Morgane.’ Morgane is a French female name. The baby boy who was named Ronan Oger at the time of his birth is and always will be a biological male and should have a male name that reflects his biological sex.  I am writing this letter to request the BC Human Rights Commission dismiss Ronan Oger’s human rights complaint against me.  As Dr. Paul McHugh in his article  … “Transgenderism: A Pathogenic Meme” correctly pointed out, “Transgendered men do not become women, nor do transgendered women become men.” While Ronan Oger may believe himself to be a woman and while his fervent activism seems to indicate he wants everyone else to believe he is a woman, the reality that is rooted in biology clearly testifies that Ronan is a man. No government identification with a fake gender designation, no media decorum guide insisting on the use of fake pronouns, no human rights commission ruling trying to silence the truth that God has created two sexes, male and female and they cannot be changed, is going to change what is reality.

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While Ronan’s complaint alleges my truthful flyer (validated by attached studies and opinion articles) has attacked his “dignity, feelings, reputation and self respect,” the fact is he chose to run as an NDP candidate in a provincial election. I’ve attached two Globe & Mail articles written by him. In one article Ronan disparages social conservatives in the Christy Clark government and clearly insinuates if one expresses an opinion that so-called transgenderism is problematic, that such an opinion according to Ronan could render a politician unsuitable for political office. The other article argues that people should be able to identify as whatever suits them when it suits them.

A practical outworking of the flawed philosophy that people should be able to self-identify and switch genders as they see fit is co-ed bathrooms and de facto co-ed women’s shelters. Thanks to ideas like Ronan’s actually being implemented in Ontario. A deaf woman was sexually assaulted by a male sex offender who self identified as a “trans-woman” to gain access to a women’s homeless shelter in Toronto where he was able to gravely harm a vulnerable biological woman. The University of Toronto reported males trying to film females when they were bathing in “trans-friendly” change rooms without the women’s consent. At the University of Calgary panic buttons exist in the bathrooms now that they are co-ed due to so-called transgender ideology. Before this madness became policy panic buttons were not needed in segregated sex bathrooms.

Clearly Ronan has a political agenda that is informed by his transvestite identity and activism. (Ronan is not “transgender” nor is any other human being “transgender” who identifies as such.) Ronan has not and never will “transform” into a female, he will only ever be a male who cross dresses and who, unfortunately,  appears to be using female hormones to give himself feminine characteristics. As a BC resident I perceive that Ronan’s political advocacy for homosexuality and cross dressing, not to mention his antipathy towards social conservatives who do not agree with his ideology, is going to have a negative impact on me and my community. Therefore, as far as I am concerned I have a civic duty to speak frankly and without inhibitions imposed by political correctness or vague human rights codes, on so-called transgenderism and its harmful effects on BC in ridings like Vancouver-False Creek where it looked possible that a transvestite was going to win the riding and use [his] political power to impose a harmful agenda on my province.  I hope this helps in assisting the BC Human Rights Tribunal in arriving at the only conclusion that is consistent with moral coherence, true democratic principles, and biological reality; that you will toss Ronan (he is not Morgane) Oger’s spurious human rights complaint into the waste basket immediately.”


A Tribunal slap down was swift in coming. Tribunal chairman Walter Rilkoff, in a June 9 letter, threatened Mr. Whatcott with financial penalties for not referring to Ronan as a “she”. “The complainant  is entitled to use her name in the complaint process. It is certainly not for Mr. Whatcott to determine what the Complainant will call herself, and his unilateral attempt to do so is disrespectful and will not be tolerated.  If Mr. Whatcott chooses not to use the name ‘Morgane Oger’ or refer to Ms Oger as she or her, he may use ‘the Complainant’. … He may not refer to the Complainant as ‘Ronan Oger’, ‘Mr. Oger’, ‘he’ or ‘him’. [This is just the mind-bending linguistic tyranny we warned about in regards to Bill C-16 above.] … Further instances of such behaviour may also subject Mr. Whatcott to an order to pay costs pursuant to Sec. 37(4)(a) of the Human Rights Code.”