Canadian Court Awards $35,000 to Trans-Identified Male After Women’s Salon Refuses Service

Mad Wax Post Millenial
Photo obtained from the Post Millennial (source)

A Canadian court has awarded $35,000 to a trans-identified male, known as AB, after an Ontario women’s salon, Mad Wax, refused to wax her male genitalia. The case, which has sparked widespread debate, involved a devout Muslim salon employee who declined to perform the service due to religious beliefs, as well as the salon’s inability to accommodate the request.

The Incident

The incident occurred in 2018 when AB contacted Mad Wax in Windsor, Ontario, seeking waxing services. The salon owner, Jason Carruthers, explained that his employee, a devout Muslim woman, could not perform the service due to her religious practice of avoiding physical contact with men. Despite this explanation, AB filed a complaint with the Human Rights Tribunal of Ontario, claiming discrimination and “misgendering.”

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The Court’s Ruling

After a prolonged six-year legal battle, the court ruled in favor of AB, finding Carruthers liable for discrimination. The tribunal’s decision was based on Carruthers’s refusal to provide the service and his subsequent comments to the media, which were deemed retaliatory and aggravating.

Carruthers stated that his salon has always served transgender clients for leg waxing and other non-sensitive areas. However, he maintained that AB initially requested a Brazilian waxing for male genitalia, which his salon was not equipped to handle. The tribunal, however, accepted AB’s revised claim that only a leg waxing was sought.

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Legal and Financial Consequences

Jason Carruthers expressed his frustration with the ruling, highlighting that the $35,000 award encompasses both the discrimination claim and the alleged retaliation from his media comments. He voiced concerns over the impact on his business, noting that the court has the authority to seize his assets and garnish his income if he does not comply with the payment order.

Carruthers has filed an appeal against the ruling, supported by his lawyer Raymond Colautti, who described the tribunal’s decision as “deeply flawed.” In addition to appealing the decision, Carruthers has launched a fundraiser to cover legal costs and the imposed fine.

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Broader Implications

The case has ignited a broader conversation about the intersection of human rights, religious freedom, and gender identity in Canada. It underscores the challenges businesses face in balancing diverse and sometimes conflicting rights and beliefs. This ruling may set a precedent for how similar cases are handled in the future, potentially affecting policies and practices across various service industries.

As the legal battle continues, the outcome of the appeal could have significant ramifications for both human rights law and business operations in Canada. Jason Carruthers remains committed to fighting the ruling through all available legal avenues, hoping to achieve a resolution that considers both his religious obligations and the rights of transgender individuals.

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