In May 2019, Yaniv, whose biological sex is male, applied to be a candidate in the “28 years and older” competition, but did not disclose that she was transgender and had not yet completed sex reassignment surgery, the Justice Center alleged.
Yaniv was “provisionally accepted” into the competition, but the company had a formal policy stating that only genetic women, or transgender women who had fully transited, were allowed to apply, the Justice Center said.
When Yaniv was “recalled” from politics, she filed a complaint alleging that the pageant had engaged in discrimination on the basis of gender identity, gender expression and sex.
She seeks $ 10,000 in damages for “undermining dignity and feelings” and wants the Human Rights Tribunal of Ontario to rule that organizations cannot refuse service to someone because of her genitals, the Justice Center alleged.
“For safety and security reasons, it is imperative that biological women and girls, as well as transgender women in transition, have spaces where they can associate without the presence of individuals with male genitals. . This is especially true in situations where women and girls are exposed or vulnerable, ”Justice Center lawyer Allison Kindle Pejovic said in a statement.
Yaniv did not immediately return a request for comment and his complaint, which is confidential, was not readily available.
The Justice Center accused the activist of being a serial human rights complainant. In 2019, Yaniv filed a series of complaints against five Vancouver beauticians for refusing to apply bikini waxes to her because of her genitals. The British Columbia Human Rights Tribunal later dismissed the charges and ruled that Yaniv’s motive was to “target small businesses for personal financial gain”, not to “prevent or remedy discrimination” , according to the Telegraph.