Exercising your freedom of association is “bullying” now?


Speaking of TERFs at crisis resources behaving badly: Vancouver Rape Relief, a sexual assault and domestic violence resource which has secured legal precedent to exclude trans women from its life-saving services, has cried bully after a union organization announced it will be only associating with trans-inclusive groups:

Feminists activists [sic] in Canada have said they have been “bullied and blackmailed” by a union group over their opposition to a trans rights bill.

A spokesperson for the Vancouver Rape Relief and Women’s Shelter has expressed concerns over a transgender rights bill C-16.

Hilla Kerner says the bill, which would add “gender identity” and “gender expression” into protected categories in the Canadian Human Rights Act and Criminal Code threatens “female-born” women’s spaces.

The bill passed in the House of Commons in last year and has gone to the Senate.

But Kerner says there “is no social consensus on what these terms mean”.

There’s no social consensus on what any of the protected terms in Canada’s Criminal Code “means.” That’s the point. The laws built around discrimination or persecution include mechanisms based on perceived identity–it doesn’t necessarily matter whether or not a victim is “objectively” a member of the targeted demographic, only that the perception could be proven to be present in the perpetrator when it happened.

So, you know, Kerner is actually saying we should burn the whole human rights code down because of case law which establishes that perceived membership is adequate for its statutes.

In the name of feminism.

She spoke at the Red Chamber committee, which was studying the bill, saying that the bill could complicate the process of organising and fighting for women’s rights.

Kerner says women’s groups should have “the right to decide who they will serve and who their members are,” speaking to Heat Street.

What is ironic is that CBC reported that Kerner has gone on record to acknowledge that the day-to-day operation of Vancouver Rape Relief–its trans-exclusion policy, in other words–is unaffected, because its jurisdiction is British Columbian and not Canadian. VRR fought tooth and nail to exclude trans women. Congrats! You won! The rest of the country moved the fuck on, but you won. What are you actually complaining about? That the rest of the country isn’t as bigoted as you are?

Kerner acknowledged that while the legislation might not have a direct impact on the day-to-day operations of her shelter — it does not fall under federal jurisdiction, and it is already subject to provisions of the B.C. Human Rights Code — she said the bill sends the wrong message.

Kerner said because her organization does not house trans women in its shelter they have been the subject of a “witch hunt” by some activists.

So what’s the actual story then? Kerner’s transphobic pet project is completely unaffected, has admitted it will remain unaffected, yet here she is claiming it will be affected? You might want to make up your mind before you run to the media crying wolf.

(Also, maybe I need to add “witch-hunter” to my CV. Is it my choice of hat? You’d think I’d remember burning all these cis women alive, but sadly, I can only recall strapping their limbs to horses before sending them running off in opposite directions.)

The shelter testified at the committee to say that it blocked a trans woman who had undergone gender reassignment surgery from becoming a rape counsellor because she did not have enough “life experience” to warrant the position.

A totally reasonable and not at all fallacious argument.

Kerner says that a the British Columbia Federation of Labor [sic], a group of unions, had passed a resolution urging affiliates to avoid donations to “trans* exclusionary organisations”.

The resolution specifically mentioned the Vancouver Rape Relief and Women’s Shelter.

“They are interfering with our political work, our public work,” Kerner says in response to the resolution.

“This is an informal attempt to bully us and blackmail us to change our position.”

Yes, if we switch gears to examine the brutal indictment, we see here the BC Teacher’s Federation, a partner of the broader Federation of Labour, calling for Kerner to be executed by guillotine at high noon!

The practice of excluding some women because of how those women happened to have been identified by a doctor or those women’s parents at birth is at odds with the BCTF’s and the labour movement’s commitment to the rights of all equity-seeking groups, and cannot be condoned.

We cannot be on the one hand advancing inclusion of our trans students, while on the other hand donate to any organization that would exclude them as adults.

Or… not.

So freedom of association is okay for TERFs who–I repeat–have secured legal precedent to exclude trans women from their resources–but when somebody else exercises their freedom of association to disassociate from such odious bigotry, it’s “bullying” and “blackmail”?

Why, yes, every time I walk past a vendor and choose not to patronize them I am obviously blackmailing them! Arrest me at once! I confess!

What a fucking world TERFs live in, eh?

-Shiv

Comments

  1. says

    So, you know, Kerner is actually saying we should burn the whole human rights code down because of case law which establishes that perceived membership is adequate for its statutes.

    So, is she saying that if I and one of my girl friends are yelled at or even attacked for giving each other a passionate hug in public that this is not a homophobic crime because we are merely perceived as lesbians and not actually lesbians?

    So freedom of association is okay for TERFs who–I repeat–have secured legal precedent to exclude trans women from their resources–but when somebody else exercises their freedom of association to disassociate from such odious bigotry, it’s “bullying” and “blackmail”?

    I remember how a young and not very rich woman saying she would no longer buy a millionaire’s books was practically stealing…

  2. anat says

    Can you please explain the scope of the Federal Human Rights Act – why do Federal protections not apply to (some? certain kinds?) of provincial level organizations? And how surprising is it that an organization that celebrates being exempt from inclusion is in BC? I thought BC was a relatively enlightened part of Canada? Which areas in Canada are the most welcoming to trans folk?

  3. Siobhan says

    @anat

    Can you please explain the scope of the Federal Human Rights Act – why do Federal protections not apply to (some? certain kinds?) of provincial level organizations?

    This is admittedly non-lawyer knowledge, so take that with a grain of salt, but: The Canadian Human Rights Act was limited in scope from its inception to only include “federally regulated” activities. This covers some national employers like banks and airlines, but anything smaller in scope is governed by the provinces instead, such as crisis housing/public accommodations. The vast majority of human rights legislation is thus contained at the provincial level rather than the federal. Provinces also have domain of their own systems of education (which is why Alberta has been able to maintain its otherwise rights-defying public Catholic school system), and health, whereas the federal government is limited to things like national security and interprovincial infrastructure. As long as provincial legislation isn’t running afoul of the Charter of Rights and Freedoms, they operate more-or-less how they like. I think the federal government can (and does) define minimum requirements for some of these services but otherwise they are autonomously planned and executed.

    And how surprising is it that an organization that celebrates being exempt from inclusion is in BC?

    Not very. BC is a hotbed of trans-antagonism. The University of Victoria has a very shouty TERF group that’s been constantly harassing the campus sexual assault service over its inclusion of trans students, and of course there’s Vancouver Rape Relief. Their “Liberal” party is actually the heir of the hard-right Social Credit party.

    I thought BC was a relatively enlightened part of Canada?

    Depends on how you define enlightened. Quebec has some of the most extensive education options for its residents, but also has a massive xenophobia problem. Alberta scores quite high but also has religious segregation. But it’s definitely not the hippie paradise it’s stereotyped to be.

    Which areas in Canada are the most welcoming to trans folk?

    I wouldn’t have a great idea of how to measure that, so I’m not sure. I do know that the actual provinces have all included gender identity in their provincial human rights laws and that the three territories are catching up too. I know the smaller, east coast provinces exclude transition services from their healthcare, but I think everybody else covers it.

  4. anat says

    I do know that the actual provinces have all included gender identity in their provincial human rights laws and that the three territories are catching up too.

    If so, how is it that a BC organization is allowed to discriminate against trans women?

  5. Siobhan says

    @anat

    If so, how is it that a BC organization is allowed to discriminate against trans women?

    The precedent was secured before the law was passed.

    I think (again, we’re straying deep into law, which is not my strong suit) the precedent could now be challenged, but it would still require a plaintiff.

    Add all the salt. I’m doing a lot of guesswork.