We Warned You: Gender Identity Legislation Would Lead to Compelled Speech, Being Forced to call a Mixed-up She “They”

We Warned You: Gender Identity Legislation Would Lead to Compelled Speech, Being Forced to call a Mixed-up She “They”

[The woman who handed down this compelled speech ruling and brutal fine, Devyn Cousineau was also a key member of the B.C. Human Rights Tribunal that nuked Bill Whatcott, crushing his rights to free speech and religious opinion when he criticized transgendered activist and candidate Morgane Oger.]

B.C. server who was fired after asking to be addressed by correct pronouns awarded $30K

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Human rights tribunal found Jessie Nelson was discriminated against because of their gender identity

Michelle Ghoussoub · CBC News · Posted: Sep 29, 2021 7:02 PM PT | Last Updated: September 30

Buono Osteria has also been ordered to implement mandatory training for all staff and managers about human rights in the workplace, and to include a statement in its employee policies that affirms every employee’s right to be addressed with their correct pronouns. (Buono Osteria/Facebook)

A former server at a Gibsons, B.C. restaurant has been awarded $30,000 after a B.C. Human Rights Tribunal decision found they were unfairly terminated for asking managers and co-workers to call them by their proper pronouns.

The decision, by the tribunal’s Devyn Cousineau, found that Jessie Nelson, a non‐binary, gender fluid, transgender person who uses they/them pronouns, was terminated because of “how they responded to discrimination” from their employer and a colleague.

In 2019, Nelson was hired as a server at Buono Osteria, a restaurant run by Michael Buono and Ryan Kingsberry in Gibsons, on B.C.’s Sunshine Coast. The 42-page decision describes a work environment where some colleagues respected Nelson’s pronouns, while others were unhappy when they raised issues about inclusion.

The decision says bar manager Brian Gobelle was particularly hostile, repeatedly and persistently referring to Nelson with she/her pronouns and with gendered nicknames like “sweetheart,” “honey,” and “pinky” — a reference to their pink hair.

The situation eventually escalated into a verbal altercation between Nelson and Gobelle, during which Nelson touched Gobelle’s shoulder and called him “sweetheart” in return — though Cousineau determined this did not amount to a physical assault.

Termination after tensions rose

Four days later, Nelson was told over the phone they were being terminated, a conversation that was overheard by co-worker Stacy Coplin.

“Eventually [Kingsberry] told Jessie Nelson that they had just come off ‘too strong too fast’ and were too ‘militant’ — a word that reminded Jessie Nelson of what Mr. Gobelle had said about them,” Cousineau wrote.

“They challenged Mr. Kingsberry that they were being fired because of their pronouns. Ms. Coplin recalls Mr. Kingsberry telling Jessie Nelson that ‘part of the problem is making sure you vibe with the team,’ and that they had made people uncomfortable.”

According to the decision, Kingsberry did not say that Nelson’s termination had anything to do with their final conflict with Gobelle or the restaurant’s view that Nelson had assaulted him. There was also no complaint about their performance.

Following their termination, Nelson alleged that Gobelle’s conduct towards them, and the employer’s response, amounted to discrimination in employment based on their gender identity and expression.

In her decision, Cousineau wrote that “like a name, pronouns are a fundamental part of a person’s identity. They are a primary way that people identify each other.”

“Using correct pronouns communicates that we see and respect a person for who they are. Especially for trans, non‐binary, or other non‐cisgender people, using the correct pronouns validates and affirms they are a person equally deserving of respect and dignity.”

Mandatory training ordered

Cousineau found that while managers at the restaurant seemed committed to providing an inclusive workplace, their response to Nelson’s complaints lacked any sense of urgency.

“This suggests that they did not appreciate how serious those complaints were. I have a hard time imagining that the restaurant would have responded in the same way to other serious complaints of discrimination,” she wrote.

“There is a clear connection between Jessie Nelson’s gender identity and their termination. They were terminated because of how they responded to discrimination. They were held to a higher standard of conduct than Mr. Gobelle, and the discriminatory context of the dispute was ignored.”

Buono Osteria has been ordered to implement mandatory training for all staff and managers about human rights in the workplace, and to include a statement in its employee policies that affirms every employee’s right to be addressed with their correct pronouns.

CBC News was unable to reach the restaurant for comment.

Day 1 British Columbia Human Rights Tribunal & News Coverage

Day 1 British Columbia Human Rights Tribunal & News Coverage

Day 1 British Columbia Human Rights Tribunal & News Coverage

Postby Bill Whatcott » Wed Dec 12, 2018 1:31 am

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Bill Whatcott at 8:30 am standing with supporters in front of a coffee shop next to the British Columbia Human Rights Tribunal (BCHRT) on Robson St in Vancouver

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Whatcott with supporters

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Pro-homofascism supporters fail to show love and acceptance to Bill Whatcott

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In fact they called the police on Bill and attempted to get him arrested when he started handing out his newest flyer exposing the corrupt workings of the BCHRT. You can see Bill’s newest hard hitting flyer here if you scroll to the bottom of the post here: viewtopic.php?f=16&t=10738

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Anyways, a lady with the pro-homo group attempted to get me arrested by asking me when the cop was talking to me “Were you not arrested for a hate crime for handing out a similar flyer in Toronto?” I looked at her and as politely as possible asked her to “go flush your head down a toilet.” I then got back to handing out my flyers and the two cops after reading my flyer left.

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Once it got close to hearing time I went upstairs and here is the last picture I was allowed to take before the kangaroo inquisition began

The kangaroo inquisition began poorly enough. My side asked for one extra chair and Mr. Ronan Oger (the transvestite complainant) interjected himself into our request and said I should not be able to have an extra chair for my side. I commented “Ronan being his usual gracious self.” I then went outside of the hearing room to stand with my supporter until he could get a chair and notwithstanding Ronan’s lack of class, my supporter was eventually given a chair in the hearing room and after that little kerfuffle, my lawyer, Mr. Oger’s lawyer, and the lawyers for the interveners, Justice Centre, CAFE, West Coast LEAF and BCTF each gave 10 minute opening remarks.

My lawyer argued for a functioning democracy to work we have to be free to criticize all aspects of a candidate’s life. Ronan Oger’s lawyer spoke nonsense that my words could lead to violence and were preventing Ronan from participating in the political discourse.

The lawyer for West Coast LEAF went on about “non-binary,” “Two spirited,” “Trans,” gender expressions needing human rights protection. She seemed to reject the notion that wishing to speak in a way that is grounded in reality should be a human right.

The West Coast LEAF lawyer also accused me of wanting to remove Mr. Oger from the political debate. She didn’t understand, Ronan could run for office just fine, but in a democracy would have to deal with the fact I don’t agree he is a woman.

The BCTF lawyer understood what was at stake, though she is on the other side. She warned this case will set a precedent that will effect the entire country.

I enjoyed the JCCF lawyer’s submission. He warned election freedom its self is at stake in this case and passionately defended freedom of speech.

Early in the proceedings Ronan’s lawyer Susanna Quail disrupted the hearing and complained my lawyer was “misgendering” Mr. Oger.

At lunch hour Mr. Oger’s lawyer complained I was posting on Facebook during the trial and clearly her client was unhappy that my Facebook posts were critical of his claims he is a woman. I was ordered by the Tribunal Chair to quit posting in the hearing room.

Ronan went on for awhile under cross examination about his alleged fear for his personal safety and how my flyer ruined his life.

When my lawyer was cross examining Mr. Oger about his subjective experiences, Oger’s lawyer repeatedly objected to my lawyer’s line of questioning and the Tribunal upheld all of her objections. My lawyer found it hard to question and while he tried to stay neutral with pronouns and mostly referred to Ronan as “The Complainant,” a couple times he slipped up and called Ronan “he,” thereby eliciting the wrath of all three Tribunal members. (Devyn Cousineau, Diana Juricevic, Norman Trerise)

After Devyn Cousineau (NDP supporter and financial contributer to tranvestite political groups) berated my lawyer harshly and warned Dr. Lugosi he “misgendered” Mr. Oger “5 times,” Tribunal member Norman Trerise accidentally refered to Mr. Oger as a “he” and promptly apologized.

I got upset and demanded the Tribunal members quit bullying Mr. Lugosi and I yelled out “The Emporer has no clothes, even Norman accidentally called Ronan what he is, a guy.”

The adjudicator Norman Trerise got upset with me for saying that and ordered me to shut up. After a short recess, adjudicator Diana Juricevic warned me if I had an “outburst” like that again I would be removed from my own hearing and ordered to pay costs.

Kari Simpson of Culture Guard who is helping my lawyer, was also ordered not to talk anymore as she asked the Tribunal to quit offending her by misgendering Mr. Oger with their pretending he is a female.

The Tribunal ended at 4:30 pm and is set to resume tomorrow.

Please pray for us…….

“They traded God’s truth for a lie, and they worshipped and served the creation instead of the creator, who is blessed forev