B.C.’s Civil Resolution Tribunal (CRT) has ordered an anti-trans activist to pay $7,500 in damages and compensation to a trans activist in a case where the former shared intimate images of the latter.
In his , tribunal vice-chair Eric Regehr said AQ, a trans woman, alleged BT shared three intimate images of her.
Regehr concluded two were intimate images as defined in the Intimate Images Protection Act (IIPA). Of those two images, AQ proved that BT, "an avowed anti-trans activist," shared only one of them, he said. AQ claimed general, aggravated and punitive damages.
Regehr said his decision focused on the third image, which "was an intimate image that BT shared on Facebook without AQ’s consent."
“The image BT shared had a clear purpose of depicting AQ as a man by altering an image to show AQ’s head on a masculine body,” he said.
Regehr said that, devoid of the anti-trans context, the image was relatively benign.
“The image is harmful because it dehumanizes AQ and denies her gender identity,” Regehr wrote. “I accept AQ’s evidence that the image was hurtful, embarrassing, offensive, and distressing. I find that it is an offence to her dignity. BT also disseminated it publicly within an online context around other anti-trans messaging.”
For that harm, Regehr said AQ was entitled to compensation. He also found punitive damages were also warranted as they punish people “for conduct that is a stark departure from ordinary standards of decent behaviour.”
“BT’s conduct meets this threshold,” Regehr said. “BT’s posting of the image was malicious, cruel, and intentional. I find it is deserving of condemnation.”
So, he ordered BT to pay AQ $5,000 in damages.
Regehr noted BT had engaged in malicious behaviour in the proceedings, including misgendering AQ or calling her “it” and denigrating another tribunal member on Facebook.
“The CRT must ensure that the IIPA process is safe for participants, and that those who have inflicted harm cannot use the CRT’s process to inflict further harm,” Regehr said. “A party who engages in malicious, demeaning, and abusive conduct, particularly in IIPA proceedings, risks an award of special costs.”
Regehr said AQ spent considerable time preparing her claims notwithstanding BT’s behaviour.
“Bearing all this in mind, I find that $2,500 is appropriate compensation,” Regehr ruled.
