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Keep a Record!  Keep a Record!

6/6/2012

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Angela Dawson is a transsexual woman who lived at. Atira Women's Resource Society.  She was evicted by the society, and ultimately agreed to leave the residence.  Atira's grounds for the eviction were that Dawson did not observe the non-violence rules of her agreement with the housing facility (which provides housing for women in the Downtown Eastside). 

Later Ms Dawson said she had been harassed by other tenants; and filed a human rights complaint.  But her complaint was dismissed even before a hearing because Atira produced affidavits (sworn statements) from tenants who complained about Ms Dawson, and about Atira's responses to Ms Dawson, but Ms Dawson did not have equivalent sworn statements.  So the tribunal concluded that Ms Dawson could not possibly succeed at a hearing, and dismissed her complaint.

The take-away lesson for people who are harassed for being queer is that in order to be successful at a human rights hearing, you MUST write down everything that happens as it happens; you must bring the harassment to the attention of the managers/employer/landlord; and you must get witnesses who will agree to sign sworn statements about the treatment you received.

The same take-away lesson applies to societies, employers, or landlords:  document situations and your response to them as the situation occurs, and be prepared to produce sworn statements from witnesses. 
Dawson v. Atira Women's Resource Society, [2012] B.C.H.R.T.D. No. 166
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