WEBVTT kind: captions lang: en 1 00:00:07.980 --> 00:00:19.350 So now, everything's everything's recording and so for the, for the record, because I know that's the sort of thing lead to talk about here we are today. June 4 this time, just after one o'clock in Vancouver. 2 00:00:20.040 --> 00:00:28.050 Pacific Daylight Time. I think we're on right now. So I'm Evan Taylor. I'm here interviewing Barbara Finley and where are you today. 3 00:00:29.850 --> 00:00:38.460 I'm also in Vancouver. It's 2020 and it's a year. That seems like it's entirely out of time. 4 00:00:39.060 --> 00:00:40.140 So I am 5 00:00:40.230 --> 00:00:45.210 speaking to you from home, as I'm assuming you are speaking to me and 6 00:00:46.320 --> 00:00:48.780 The world is weird. That's all I can say. 7 00:00:50.730 --> 00:00:55.710 Great, great overview introduction. I'm finding myself because we've been doing these interviews a little bit before 8 00:00:56.070 --> 00:01:03.000 The time and then now there's some happening after. And it's very interesting, I find myself sometimes doing exactly what you just did stopping and saying, 9 00:01:03.480 --> 00:01:12.630 So for those of you at home who might not be aware, we are in this time of the great pandemic of code 19 and I ended up sort of doing that, that context. So thank you for 10 00:01:13.680 --> 00:01:14.160 The beginning 11 00:01:14.490 --> 00:01:24.960 Yeah. Um, so usually how I start is I do have some sort of quick graphic pieces just, you know, the stuff that the snacks can type form and then we get into the more of a conversational stuff. 12 00:01:25.950 --> 00:01:35.160 You know, I sent you the the list of questions we probably won't get to all of them. And if we go off on tangents or tracks that you don't usually actually very good thing we end up in some very interesting conversation. So 13 00:01:35.340 --> 00:01:40.470 You know it's meant to be more of a conversation. It's not, you know, a black and white ABC sort of thing. 14 00:01:41.580 --> 00:01:48.120 And so at first. First question, and I think I know this one but but you go by, by a sheet in hers. 15 00:01:48.480 --> 00:01:48.960 I do 16 00:01:49.290 --> 00:01:55.920 Your pronouns. And how old are you, today 7171 and you just retired didn't know 17 00:01:56.190 --> 00:01:56.640 Yeah. 18 00:01:57.450 --> 00:01:59.850 So you say I feels like a loose retirement. 19 00:02:00.390 --> 00:02:03.450 Yeah, it's a loosely speaking, shall we say. 20 00:02:05.370 --> 00:02:06.600 And where were you born 21 00:02:07.320 --> 00:02:08.730 I was born in Medina. 22 00:02:10.440 --> 00:02:11.640 And where do you live now. 23 00:02:12.210 --> 00:02:12.870 Vancouver. 24 00:02:13.920 --> 00:02:15.390 And how long have you been in Vancouver. 25 00:02:16.140 --> 00:02:17.550 Since 1970 26 00:02:19.560 --> 00:02:20.220 And 27 00:02:21.600 --> 00:02:28.260 I just talked to us, but you're retired and your work, especially as a lawyer, did you have other training or occupational work that you did. 28 00:02:28.350 --> 00:02:39.840 I did, I did a master's degree in sociology before I went to law school. And so, and that trained me as a sociologist, but when I went down to what was then called I 29 00:02:41.220 --> 00:02:45.720 Look on the job board, oddly enough, there were no listings for sociologists 30 00:02:46.140 --> 00:02:52.740 So I realized that my degree while interesting and certainly has shaped my the rest of my perspective. 31 00:02:53.370 --> 00:03:20.220 Is not going to be all that practical, not to mention all that effective. So I picked I picked a career that I figured would enable me to continue to continue my then feminist activism with some with some clothes. So I was looking for the cloak that being in the legal profession offered 32 00:03:21.270 --> 00:03:23.100 Yeah, the professional letters, right, you 33 00:03:23.100 --> 00:03:23.850 Got to be 34 00:03:24.090 --> 00:03:24.990 Credibility right 35 00:03:25.290 --> 00:03:26.940 Yeah, that's sociology just 36 00:03:27.270 --> 00:03:28.230 Like credible that's 37 00:03:32.250 --> 00:03:33.540 Really the first words that were used. 38 00:03:33.630 --> 00:03:33.960 Yeah. 39 00:03:36.030 --> 00:03:44.100 And what about your in terms of race, ethnicity, religious, cultural background. What, what, what are those important contracts for you. 40 00:03:44.580 --> 00:03:53.880 I was raised working class and Christian small see well big see at the time, but I'm in Regina and 41 00:03:58.800 --> 00:03:59.460 The 42 00:04:01.290 --> 00:04:01.830 Fans 43 00:04:02.160 --> 00:04:23.190 My ancestors are British I'm like okay I as a teenager, I was significant life event for me was being locked up in a in not host because I was a lesbian. When I was a teenager. So that was what they did with less they what they charge to gay men. 44 00:04:23.760 --> 00:04:29.160 But they tended to institutionalize as crazy the lesbians and, of whom I was one 45 00:04:29.730 --> 00:04:36.240 Right. So that was a piece and I met I'm I ran into 46 00:04:38.190 --> 00:04:47.550 Feminism and Dorothy Smith Marxist Sociology at the same moment in 1970 47 00:04:48.210 --> 00:04:55.560 And from there, my that shaped my intellectual life and my my activist life. 48 00:04:55.890 --> 00:04:57.000 Here in Vancouver. 49 00:04:58.350 --> 00:05:10.050 And I recall you saying, I don't know if I've read this in a different publication or something had online, but I remember something about when you were institutionalized that that they were using shock therapy at that time was that 50 00:05:10.290 --> 00:05:16.980 They were i i was i did not get Chuck their pre my partner did, but I did not happily. 51 00:05:18.060 --> 00:05:20.910 But that was, that was the sort of standardized treatments that were happening. 52 00:05:21.000 --> 00:05:22.800 It was certainly one of them, for sure. Hey, 53 00:05:24.180 --> 00:05:30.600 What, in terms of a visible or invisible disability. So what sort of health, what's, what's your health, like 54 00:05:31.560 --> 00:05:48.570 Well, I usually begin introductions in this context by saying, I'm an old white sis gender lesbian lawyer with disabilities raised working class and Christian on the prairies and my my my 55 00:05:48.990 --> 00:05:56.520 You're talking to me as I like flat on my back because I have sponsored gnosis. And that actually means literally did I 56 00:05:57.540 --> 00:06:19.020 That I I spent 23 and a half hours a day on my back at the moment. So that's, I hope that that's going to change. And that has certainly not been. I mean that's been for the last couple of months. Beyond that, I have autoimmune disease. And so, um, that's that's chronic 57 00:06:21.420 --> 00:06:27.120 And that's what, that's one of those things that is one of those invisible disabilities that has been like a lifelong thing. The, the autumn, you 58 00:06:27.210 --> 00:06:29.250 Know that's been for about the last five years. 59 00:06:29.670 --> 00:06:35.610 Okay, okay, are part of part of the the accumulation of health issues that happened with the aging process. 60 00:06:38.460 --> 00:06:39.210 Who knows. 61 00:06:39.390 --> 00:06:48.480 Okay. And, and I have, I have always had health issues and one kind or another. Know all my life. Okay. 62 00:06:48.960 --> 00:06:56.880 That's, that's something that's important to me to make sure that we have on record to understand it, folks, because for some people do they date they live with. 63 00:06:57.360 --> 00:07:04.320 Some sort of chronic illness or disability or whatever that no one ever asks about but yeah launch how they do their activism, or why it's important. 64 00:07:05.010 --> 00:07:09.180 Well, it certainly informs how I'm doing it, my activism at the moment, that's for sure. 65 00:07:09.690 --> 00:07:16.710 Right, happily, I mean, if you have to be flat on your back. This is not a bad time for that to be the case. You know what I'm saying. 66 00:07:17.790 --> 00:07:18.120 Is I 67 00:07:18.150 --> 00:07:21.210 Think the playing field is somewhat even been that way for everybody right now. 68 00:07:21.600 --> 00:07:25.740 Somewhat. Um, what about relationship or a family status. 69 00:07:26.550 --> 00:07:31.950 I am my partner. She lived with Leah and I have been together for 29 years 70 00:07:33.060 --> 00:07:39.150 I came out as a lesbian. When I was in university and 71 00:07:47.640 --> 00:07:51.180 So it was a very early days of 72 00:07:52.260 --> 00:08:01.650 And we've we've found feminism together and really activism together so that that relationship last 10 years or so, and I 73 00:08:02.670 --> 00:08:08.550 So those I've had some other couple of other relationships, but those are the significant ones. 74 00:08:09.870 --> 00:08:12.030 And what about any kids or grandkids. 75 00:08:12.510 --> 00:08:13.260 Okay, it's 76 00:08:13.380 --> 00:08:14.370 I'm saying see 77 00:08:14.850 --> 00:08:19.110 Any, any other chosen family folks that are important to to know about. 78 00:08:21.510 --> 00:08:23.460 For the pretty pretty day I think not. 79 00:08:24.030 --> 00:08:28.290 Okay. Um, and I'm assuming that your sex assigned at birth with female 80 00:08:28.800 --> 00:08:37.470 Yes. And so what about your, your current your gender identity. How do you relate to, to, to that. Is it just simply just gender wars or something more complicated there. 81 00:08:44.070 --> 00:08:49.020 It's well I'll answer that question in a, in a, maybe a little bit different way and that is 82 00:08:50.280 --> 00:09:08.940 One of the things that I've concluded after decades of working on sexual orientation or gender identity issues is that we collectively no physical about either sex or gender identity or sexual orientation and that 83 00:09:11.010 --> 00:09:13.500 Those are categories of 84 00:09:17.310 --> 00:09:23.610 Organizing ideas and in some ways organizing experiences or being ways to identify 85 00:09:26.280 --> 00:09:27.090 I 86 00:09:29.160 --> 00:09:31.920 What I would say, now I guess is that I 87 00:09:33.060 --> 00:09:37.980 Am quite not anywhere near as attached to 88 00:09:40.410 --> 00:09:42.150 Those descriptors. 89 00:09:44.700 --> 00:09:55.980 Then once was important. So, for example, being, being a lesbian was really important to me in my early org and being a woman in my early 90 00:10:14.940 --> 00:10:16.770 In my early organizing years 91 00:10:18.060 --> 00:10:30.360 feminism was of course premised on being a woman and being lesbian in the context of the women's movement was not a popular identity because 92 00:10:30.960 --> 00:10:46.470 The straight women says if they know you're a lesbian. They'll think we're all lesbians and they'll think we hate men. So we were not out. I want to see. We my partner and I were in fact not out in our feminist organization or 93 00:10:50.550 --> 00:10:52.740 And those were the days when 94 00:10:55.830 --> 00:10:58.890 One of the first of all you found out whether some 95 00:10:59.970 --> 00:11:04.620 Who did inquiries. Like, have you ever read Jane rule. 96 00:11:04.860 --> 00:11:26.400 Or that kind of that kind of thing. And the very first thing you did was you traded coming out stories and the list of who else in your life knew or did not know that you were out and it was we we held those secrets closely and honorably with each other. 97 00:11:27.600 --> 00:11:30.030 It was. It was a time of 98 00:11:36.750 --> 00:11:39.270 Well danger shame. 99 00:11:40.500 --> 00:11:57.660 Shame but notching so shame enjoy in the same braided package and that was a weird package to unpack and the generation just ahead of me or half a generation headed me where the generation were scared stiff. 100 00:11:59.190 --> 00:11:59.820 Of 101 00:12:01.470 --> 00:12:02.010 Of 102 00:12:03.060 --> 00:12:19.980 Somebody identifying as a lesbian like right out loud there because they were really, really, really in the closet and had absolutely no intention to ever have coming out of the closet and so they live their lives in complete secrecy and we were not popular 103 00:12:21.000 --> 00:12:28.350 To suggest that it was important to be visible as fans. So there were lots of 104 00:12:29.910 --> 00:12:35.460 Like finding and asserting and 105 00:12:39.570 --> 00:12:55.230 Active being an activist around that identity was incredibly complex and contested, and of course involved a whole bunch of interior or internal figuring out how to how you related to that. 106 00:12:57.210 --> 00:12:58.020 And 107 00:13:00.270 --> 00:13:06.270 It was a big deal being called let you know being identified as lesbian was a big deal. I identified this lesson for 108 00:13:07.860 --> 00:13:11.010 A long time and I'm 109 00:13:12.900 --> 00:13:13.410 A temple. 110 00:13:15.420 --> 00:13:15.900 Together. 111 00:13:16.350 --> 00:13:17.130 How old were you when you 112 00:13:17.670 --> 00:13:21.090 Have identified as a lesbian or understood that about yourself, is that the 113 00:13:21.360 --> 00:13:23.520 Reason I was in university. So I was about 114 00:13:25.140 --> 00:13:30.270 Oh, so. So when you were on be institutionalized as a teenager, you, you weren't identifying as a lesbian. 115 00:13:30.270 --> 00:13:32.010 Whenever I was in, I was in 116 00:13:32.100 --> 00:13:33.720 University. When I was locked up. 117 00:13:34.050 --> 00:13:36.360 Oh, OK. OK, gotcha. Yeah. 118 00:13:37.740 --> 00:13:38.460 So, 119 00:13:39.780 --> 00:13:44.130 So that was another piece of, you know, this is the cost of being lesbian 120 00:13:44.640 --> 00:13:45.090 Kind of 121 00:13:45.540 --> 00:13:46.110 But 122 00:13:48.300 --> 00:13:55.650 So it was it was intense. And when I think about it. Now, if that identity was one that was 123 00:13:57.990 --> 00:14:00.450 Not obvious what the identity was 124 00:14:01.620 --> 00:14:02.760 Because 125 00:14:04.560 --> 00:14:09.720 The shape of that identity from the generation before me was not one that I was willing to 126 00:14:14.190 --> 00:14:30.000 Account. I wasn't, I wasn't. Then I was an out lesbian activist in Vancouver, while I was a lawyer, but I knew with certainty that I could be. I could do both. And those would never overlap. 127 00:14:30.720 --> 00:14:46.440 Because lawyers didn't even imagine lesbians and lesbians hated lawyers. So it was a non overlapping piece and I could do both. However, at some point I realized that that was actually splitting me in half. 128 00:14:46.920 --> 00:14:51.600 Right. And at that point I decided I was then going to be a lesbian lawyer. 129 00:14:52.230 --> 00:15:05.640 Me a previously unthinkable literally unthinkable concept. And so I then said about announcing it sort of in the hallways of the courthouse. 130 00:15:07.320 --> 00:15:11.190 In the way I attracted clients in the I just made it 131 00:15:12.600 --> 00:15:15.990 Made it a new literally a new identity. 132 00:15:16.440 --> 00:15:19.380 Hmm, and I cannot. I actually can't 133 00:15:29.850 --> 00:15:32.550 Oh, what a what a 134 00:15:34.050 --> 00:15:38.430 What a what a project that was what a what that meant. 135 00:15:39.450 --> 00:15:42.780 Anyway, that's not what we're talking about today. But that's about 136 00:15:44.250 --> 00:15:49.800 The question you asked was what do I, how do I feel about sexually 137 00:15:51.540 --> 00:16:04.170 Along comes, you know, 10 or 15 or 20 years past, and all of a sudden the word lesbian and the word feminist and all of those words that I grew up with in love dearly have suddenly have become soiled 138 00:16:04.740 --> 00:16:12.870 In the mouths of tourists and they and that's not that began with a Nixon case in my life. 139 00:16:14.310 --> 00:16:14.970 And 140 00:16:16.860 --> 00:16:17.760 I 141 00:16:18.960 --> 00:16:23.520 don't very often I more often call myself clear now than I call myself in those few 142 00:16:23.910 --> 00:16:25.710 Me and 143 00:16:29.430 --> 00:16:32.910 So there's all those all those political currents 144 00:16:32.940 --> 00:16:51.990 Yes, but and intellectual currents the intellectual currents about, you know, when I started doing work about trans issues there was exactly one book in the Canadian library system about trans folk, and it was. Yeah. 145 00:16:52.440 --> 00:16:53.250 Do you know what you remember. Oh. 146 00:16:53.550 --> 00:16:54.540 Yeah, was by 147 00:16:57.000 --> 00:16:58.890 Their first name is Nemo stay 148 00:16:59.280 --> 00:17:00.510 Fenian yeah 149 00:17:02.310 --> 00:17:03.480 And that was it. 150 00:17:05.100 --> 00:17:11.370 So once again, so that that was really interesting for me because 151 00:17:12.750 --> 00:17:14.100 There I was, again, 152 00:17:16.170 --> 00:17:18.870 With a contested secret identity. 153 00:17:20.040 --> 00:17:28.500 And described on analyzed with no place in no no conceptual space, no nothing. 154 00:17:29.610 --> 00:17:35.400 I had the good fortune. When I was sociology being trained as a sociologist, I read 155 00:17:36.630 --> 00:17:47.400 During the summit is and so methodology just enter and institutional ethnography one in the books we read was a collection of essays by her Harold Garfinkel 156 00:17:49.200 --> 00:18:02.580 Who is nothing with it all it is. And one of his essays was about the assignment of sex at birth, and he wrote it as an illustration of 157 00:18:04.050 --> 00:18:11.010 The, the social practices of creating cognizant will 158 00:18:13.320 --> 00:18:29.670 I'm probably fucking up his analysis but causal categories of thought and and that at the very most basic level, that is to say the, the question of whether a child is male or female. 159 00:18:32.100 --> 00:18:44.100 Absolutely. Every accepted piece of information then available was a socially constructed category. So I had that 160 00:18:45.060 --> 00:19:00.420 Understand that was I remember the lightbulb moment of reading that essay and that was long before I ever met any transfer like that. What is that was 1970 I was 20 years before I met any transfer, but 161 00:19:00.690 --> 00:19:05.280 Wow, but it did so it came as no surprise to me that 162 00:19:07.230 --> 00:19:11.100 That we were dealing with something that was not an immutable. 163 00:19:12.270 --> 00:19:14.460 Kind of know physical whatever whatever 164 00:19:14.730 --> 00:19:19.290 Mm hmm. Over the period of working with transform 165 00:19:20.790 --> 00:19:22.350 And, you know, 166 00:19:23.400 --> 00:19:38.010 Remembering that my experience has been kind of weird, in the sense that it's people who come to me looking for legal advice, mostly. So I've certainly come to be. I'm really honored to the 167 00:19:39.300 --> 00:19:55.350 Have gazillions of trans friends now. And so I am part of that community, but it's a weird connection that of course trans people don't have. So I so my knowledge is therefore 168 00:19:56.940 --> 00:20:01.080 Limited in in in those kinds of ways. 169 00:20:02.850 --> 00:20:03.240 But 170 00:20:05.130 --> 00:20:10.380 The people who first began to come and seek help from me were 171 00:20:11.640 --> 00:20:16.770 Largely male to female identified as male to female transsexual 172 00:20:18.330 --> 00:20:29.370 And the very first call I got was a call from somebody who had an appointment for surgery in Montreal and was supposed to have their 173 00:20:30.090 --> 00:20:50.880 Travel paid by the Ministry and the the arrangement had not materialized. Okay. And it was urgent, you know, they were supposed to leave in two days or whatever it was, and I would have got that call, because at the time, I would have been 174 00:20:51.960 --> 00:20:54.480 Literally, the only lawyer that was 175 00:20:55.770 --> 00:20:58.320 Really visibly queer 176 00:20:58.770 --> 00:21:00.510 Hmm, I'm 177 00:21:00.900 --> 00:21:02.370 Wandering around was this 178 00:21:02.580 --> 00:21:06.870 That 9093 maybe 179 00:21:07.560 --> 00:21:08.580 Everything is like three 180 00:21:08.640 --> 00:21:10.230 terabytes. Okay. 181 00:21:10.500 --> 00:21:24.570 And, and, you know, I was equal to solve the problem entirely because the ministry is actually. I mean, it was only the check was in the mail. So I phoned up and lo and behold, it happened and 182 00:21:26.190 --> 00:21:36.810 No all really, I think, literally, no thanks to me, perhaps I had something to do with it, but not much. Okay. And, but that was my first connection. 183 00:21:37.290 --> 00:21:54.480 And so it came to be that other other full male to female transsexual people would come to see me about various problems that they were having and as a consequence of that I got connected to some of the folks at the 184 00:21:55.980 --> 00:22:01.470 Then gender clinic and I was involved in the 185 00:22:02.520 --> 00:22:10.170 Harry Benjamin conference that was in Vancouver in you might know the year, I'm guessing 96 186 00:22:10.620 --> 00:22:11.040 There. 187 00:22:11.100 --> 00:22:15.060 Find out because a few a few folks have mentioned, I mentioned it to where they are so 188 00:22:15.120 --> 00:22:28.530 Yeah, so, and I remember that conference, partly because it was really exciting because it was the first time that I had been in a room I honest to God was making it up. 189 00:22:31.440 --> 00:22:31.800 Like 190 00:22:33.330 --> 00:22:40.620 So it was my first opportunity to be around other people who were thinking and working in those areas. 191 00:22:40.890 --> 00:22:43.650 And they were almost entirely medical people. Yeah. 192 00:22:44.940 --> 00:22:46.020 And I 193 00:22:47.340 --> 00:22:50.670 I maybe I was leading workshop. I can't remember. I think I must have been 194 00:22:51.690 --> 00:22:57.300 Doing a human rights for trans people workshop or something at which I invited people to 195 00:22:58.800 --> 00:23:14.970 pass a resolution that trans people should be protected by human rights legislation by such as and I made the suggestion expecting that the reaction would be whole like that. I would have no I never occurred to me that there would be any resistance. 196 00:23:15.060 --> 00:23:19.260 Um, but it, it didn't go. It wouldn't go 197 00:23:20.370 --> 00:23:32.460 It didn't go anywhere. And that was because of the conservatism of the dead medical practitioners and their suspicions of something that, you know, some kind of 198 00:23:33.360 --> 00:23:46.920 Name shows up and says vote here and they're supposed to put their professional reputations on the line, you know, right. So I skipped ahead a little bit in before that. 199 00:23:52.170 --> 00:23:53.070 The 200 00:23:56.850 --> 00:24:00.180 Sandy set, you know, Sandy. Sandy do law firm was 201 00:24:00.300 --> 00:24:03.240 Yes, yeah. So Sandy. 202 00:24:05.010 --> 00:24:06.870 came to me and said, 203 00:24:08.970 --> 00:24:11.610 That she wanted to 204 00:24:16.740 --> 00:24:19.620 I think originally what she wanted me to do was 205 00:24:21.240 --> 00:24:25.170 A book, which was the laws that affects trends. 206 00:24:26.760 --> 00:24:37.230 Canadian laws and how the law effects. I said, well, that actually that was a bit more than I more ambitious than. But how about 207 00:24:38.610 --> 00:24:48.570 Human rights for trans people. So we made an application to the law foundation and allows foundation gave us funding to do to do such a 208 00:24:49.920 --> 00:24:50.310 Book 209 00:24:51.600 --> 00:25:10.770 Publication and it was really interesting because sandy organized. This is this for me from my point of view this is early trans organizing in Vancouver sandy went down to San Francisco with devery and came back with the word transgender 210 00:25:12.870 --> 00:25:16.170 It was the first to mine up to my knowledge. 211 00:25:18.300 --> 00:25:26.130 That was the first kind of importation of that words as opposed to the word transsexual 212 00:25:26.610 --> 00:25:34.140 Right and Sandy organized an advisory group and she organized 213 00:25:35.190 --> 00:25:37.290 Cross dressers drag queens. 214 00:25:39.120 --> 00:25:41.640 male to female transsexuals 215 00:25:42.750 --> 00:25:43.140 I 216 00:25:44.610 --> 00:25:46.200 Listed he talks and 217 00:25:47.070 --> 00:25:54.810 I asked me to be interviewed and she sent me some material, but I that she wasn't she wasn't into the interview. 218 00:25:55.860 --> 00:25:58.620 Oh, too bad. Well, maybe I'll talk to her. 219 00:25:59.520 --> 00:26:02.820 Yeah, yeah. Because did she say why. 220 00:26:03.540 --> 00:26:07.950 Yeah yeah we am I'll talk, I'll talk a little bit but not on 221 00:26:07.980 --> 00:26:10.920 Not on record. Yeah, yeah. Okay, fine. Okay. 222 00:26:12.450 --> 00:26:14.190 Well, what if we can make arrangements offline. 223 00:26:14.850 --> 00:26:17.820 Yeah. And because I think 224 00:26:20.100 --> 00:26:21.270 That well for 225 00:26:22.710 --> 00:26:38.130 Her vision was huge revision was that those parts of the let's just call them non stereotypical gendered folks should come together with a view to 226 00:26:39.360 --> 00:26:43.980 Saying what it was that they wanted to see in the human race code. 227 00:26:44.790 --> 00:26:53.130 Okay, and I had, I said to Sandy, that it was my opinion that it was then my opinion that 228 00:27:02.580 --> 00:27:10.980 The ground of sex and or the ground of disability, most of which were then in the Human Rights Code. 229 00:27:11.730 --> 00:27:17.970 Really cover the experience of certainly transsexual people 230 00:27:18.420 --> 00:27:18.870 Mm hmm. 231 00:27:20.070 --> 00:27:21.930 And and 232 00:27:25.590 --> 00:27:26.310 The 233 00:27:27.390 --> 00:27:32.280 There was it the time in this in this particular day that I see. 234 00:27:34.080 --> 00:27:51.960 A controversy about whether or not claim should be advanced under the God of disability. And the advantage of doing that, of course, was that you could get that insurance coverage for surgery. So, on the other hand, people didn't want to see didn't want to construct 235 00:27:52.260 --> 00:27:52.800 The 236 00:27:54.090 --> 00:27:56.610 Trends relief as 237 00:27:57.990 --> 00:28:02.070 Or trends experience as a disability, which 238 00:28:02.190 --> 00:28:03.300 Apparent theoretically 239 00:28:03.750 --> 00:28:08.640 says something about how people see what it means to have a disability. 240 00:28:11.580 --> 00:28:12.150 But 241 00:28:16.170 --> 00:28:28.170 We produce a. So, you know, the interesting thing about that process was sandy pull together all those parts of the community, and I did not participate 242 00:28:29.610 --> 00:28:36.450 As explicitly and on purpose in the meanings of that group, because we all agreed that 243 00:28:38.310 --> 00:28:39.720 My voice was too big. 244 00:28:41.490 --> 00:28:45.360 And that those conversations should happen among 245 00:28:46.950 --> 00:28:49.860 Trend trans folk and honestly I remember 246 00:28:52.020 --> 00:28:56.580 I don't think at the time that the term trends was ever used 247 00:28:57.270 --> 00:28:59.160 It was so 248 00:29:00.930 --> 00:29:03.480 If it would have been transgender 249 00:29:03.840 --> 00:29:05.160 Regular you know 250 00:29:06.840 --> 00:29:18.630 So retrospectively that that transaction figure that out for themselves. Tell me, and we should follow that we should write it up according to their instructions, which is what we did. 251 00:29:19.500 --> 00:29:34.650 And I think that that was entirely appropriate as a way of that piece of activism happening in it so happened that the then Human Rights Commission was headed by Mary Lucien 252 00:29:35.580 --> 00:29:45.360 And he held hearings around the province about what changes should be made to the human rights legislation and we 253 00:29:48.090 --> 00:29:50.070 Piece of work at that point. 254 00:29:53.070 --> 00:29:53.880 The 255 00:30:02.640 --> 00:30:02.760 I 256 00:30:08.010 --> 00:30:25.560 Do the report that resulted was called finding our place, and I think it was published in. I can't remember 9496, something like that. I have a copy. If you don't, and so does the trance history archives now has a copy 257 00:30:31.620 --> 00:30:34.140 And it was a Canadian first 258 00:30:34.500 --> 00:30:37.590 Mm hmm. And the 259 00:30:40.440 --> 00:30:47.130 I'm not able to speak to whether the Alliance's across the different communities of transport. 260 00:30:48.210 --> 00:30:52.710 Held or did not hold, they certainly were not natural. 261 00:30:58.140 --> 00:31:03.420 Allies with each other. Those communities did not see themselves as natural allies. 262 00:31:03.480 --> 00:31:05.040 And then we say, Look, can you just do you mean 263 00:31:05.160 --> 00:31:07.380 The like drag kings and queens. 264 00:31:09.240 --> 00:31:12.570 male to female transsexuals etc. 265 00:31:13.170 --> 00:31:14.130 Right, okay. 266 00:31:14.400 --> 00:31:14.790 So, 267 00:31:19.140 --> 00:31:20.040 The 268 00:31:21.330 --> 00:31:24.060 We know we created a 269 00:31:26.010 --> 00:31:28.350 An activist group called 270 00:31:37.560 --> 00:31:42.630 God, I don't remember trans activism society or something of that some weird like that. 271 00:31:43.800 --> 00:31:46.050 And so this was 272 00:31:46.140 --> 00:31:47.280 An alliance society. 273 00:31:47.820 --> 00:31:53.220 No Jen's alliance society was translated society was 274 00:31:55.020 --> 00:31:59.010 Who is the woman who wrote novels is now dead. 275 00:32:00.090 --> 00:32:00.750 And 276 00:32:01.890 --> 00:32:03.000 Stephanie. 277 00:32:03.180 --> 00:32:04.500 Castle. Yeah. 278 00:32:04.710 --> 00:32:12.000 Yes. So, Stephanie castle was kind of the moving force behind the trends aligned society. 279 00:32:12.630 --> 00:32:16.200 Trends alliance society was largely a social and 280 00:32:16.200 --> 00:32:19.500 Support Group and they were 281 00:32:20.880 --> 00:32:22.800 Politically speaking, nervous. 282 00:32:24.360 --> 00:32:25.170 About 283 00:32:27.060 --> 00:32:32.340 Political work something in, in, in ways that I recognized from the in the closet lesbians. 284 00:32:33.120 --> 00:32:40.440 Right. You all did. On the other hand, Stephanie was a remarkable woman and 285 00:32:44.100 --> 00:32:46.170 You know, was connected with 286 00:32:47.580 --> 00:32:52.530 There was a trans woman in in prison that she was really closely connected with 287 00:32:53.580 --> 00:32:54.180 Who 288 00:32:55.710 --> 00:32:58.680 Who died. I think after 289 00:33:00.360 --> 00:33:02.850 Self castration either 290 00:33:05.640 --> 00:33:07.770 So and Stephanie and I had 291 00:33:09.540 --> 00:33:11.160 Know how we were connected 292 00:33:13.740 --> 00:33:22.770 We certainly knew each other and had mutual that maybe because of the Cynthia cabinet. One of the early court cases. 293 00:33:22.890 --> 00:33:32.340 He had I did was for Cynthia, Kevin, who is was in federal prison and 294 00:33:35.040 --> 00:33:38.340 She as it happened because she had 295 00:33:40.500 --> 00:33:54.540 Damages from a car accident or something. She had adequate money to pay for her own sex reassignment surgery but the prison was refusing to either permission. They had her in 296 00:33:55.020 --> 00:34:16.080 They had her in maximum security in a male prison because that was the only place they could keep her safe and I mean I could, I cannot tell you what maximum security in a federal prison looks like it's it's horrendous. And so I took it did a human rights complaint on her behalf. 297 00:34:18.090 --> 00:34:18.720 To 298 00:34:21.090 --> 00:34:31.410 compel them to recognize her as female, and to grantor the permission to have the surgery and ultimately the question was whether she would be 299 00:34:31.860 --> 00:34:49.530 Then house in a women's prison and that that last piece was done, not by me, but by the Federal Human Rights Commission. And so I think it was through Cynthia that I got connected to Stephanie because 300 00:34:51.240 --> 00:34:59.790 Definitely was able to talk about the conditions for trans women in prison. Right. So at this point. 301 00:35:04.290 --> 00:35:21.270 When I'm looking for experts for any court cases there are few and far between. So there was mostly the the the docs at the gender clinic and the gender clinic, as you know, was shut down and I think 302 00:35:22.440 --> 00:35:23.400 I'm not mistaken. 303 00:35:23.970 --> 00:35:24.240 Yeah. 304 00:35:24.300 --> 00:35:29.100 Thanks me for that. So the folks there were 305 00:35:30.960 --> 00:35:51.990 pretty conservative in their idea of what counted as female, and it was back in the horrible days when folks had to live for two years in their affirm gender before they were entitled to be to receive treatment. I mean, it's really hard to imagine a more 306 00:35:53.730 --> 00:35:55.740 draconian and 307 00:35:57.450 --> 00:36:02.850 Cruel requirements for medical treatment. Yeah. 308 00:36:04.380 --> 00:36:14.130 That was, that was still the case when when I had my case in 2009 that was still in place. The two years, then it was shortly changed. Yeah, but I was on I was required to do two years. 309 00:36:15.420 --> 00:36:15.660 Yeah. 310 00:36:15.720 --> 00:36:25.200 That wasn't my end. Yeah. And our, our, our interaction of that case my surgery was 2009 so so it wouldn't have been changed until 2010 or later. 311 00:36:25.560 --> 00:36:25.890 Yes. 312 00:36:26.430 --> 00:36:32.910 That was one of the things we we talked about should be challenged and we said, Just go, just get the coverage so 313 00:36:32.970 --> 00:36:44.970 Yeah, yeah. But yeah, I remember that. Remember that when that changed and and just all the arguments we're all having at the time saying people are not literally able to live in that in that gender. 314 00:36:45.060 --> 00:36:45.540 The thought 315 00:36:48.180 --> 00:36:51.000 I mean, it was bizarre. And I'm I 316 00:36:51.420 --> 00:36:54.180 I had forgotten that it was that late 317 00:36:54.510 --> 00:36:55.080 Mm hmm. 318 00:36:55.230 --> 00:37:03.540 That that change occurred. It really was astonished is astonishing to think that that was so and 319 00:37:06.990 --> 00:37:07.410 So, 320 00:37:07.890 --> 00:37:13.530 Having those last 10 years is probably more than you for trans folks, probably more than you saw in the 50 years before though. 321 00:37:13.530 --> 00:37:14.520 Yes. Oh yeah, you 322 00:37:15.690 --> 00:37:21.600 Know that this 10 years is flown by and it's amazing to me to look past and think about, oh, well that was only in to 323 00:37:21.630 --> 00:37:22.020 I know 324 00:37:22.440 --> 00:37:23.370 I know, I know. 325 00:37:24.600 --> 00:37:25.050 I know 326 00:37:25.230 --> 00:37:30.810 So you at this time and you're also saying you had that there's a bit of an activist group that was sort of different from the 327 00:37:30.930 --> 00:37:32.280 Way it turns out the size of it. 328 00:37:33.060 --> 00:37:36.960 So, so now. Have you heard anything about Christine Burnham 329 00:37:37.800 --> 00:37:39.810 Precision Burnham was 330 00:37:39.900 --> 00:37:41.400 a trans woman who 331 00:37:42.450 --> 00:37:54.030 Who transition. She, she had been a reporter in Cranbrook or someplace and she moved to Vancouver when she transitioned and and really 332 00:37:55.260 --> 00:38:15.600 Left turf her for her. I guess her wife and kids and and was very deliberate about it came to Vancouver and decided to be an electrode just knowing that she would then be have lots of work in the trans community. 333 00:38:15.810 --> 00:38:20.040 a proctologist know attune and and electrolysis. 334 00:38:20.040 --> 00:38:21.630 Selection process. Okay, sounds like 335 00:38:22.350 --> 00:38:23.310 That's a lot of training. 336 00:38:27.870 --> 00:38:29.640 Not to mention a very funny. 337 00:38:30.270 --> 00:38:31.170 Occupation. 338 00:38:33.210 --> 00:38:35.820 Have a lot of transportation. So it's like, well, I guess I just did. 339 00:38:37.440 --> 00:38:37.890 Okay, so 340 00:38:39.660 --> 00:38:52.740 So, there she was in the middle, literally, in the middle of because everybody went to see her for electrolysis, and somehow or another, she found her way to me and 341 00:38:53.340 --> 00:39:05.130 Wanted to know, sort of, okay, now what can we do, we have to change these things. And I said, Okay, well we can we can have a group we could we could set a political action group. 342 00:39:07.980 --> 00:39:29.820 I mean, in that 10 year period between 92 and 2002 I was also involved in the December in setting up and running something called the December 9 coalition, which we described as I working coalition on issues of sexual orientation and gender identity and our kind of cutline was working 343 00:39:31.740 --> 00:39:33.450 For our welcome in 344 00:39:34.230 --> 00:39:36.330 To kind of cut out the tagline that's important to hear 345 00:39:36.570 --> 00:39:44.700 All these great lines. Okay, working together across our differences for our welcome in the world. 346 00:39:45.270 --> 00:39:48.030 Huh, and the revolutionary 347 00:39:48.030 --> 00:39:53.430 Part, there was the change from tolerance. 348 00:39:54.480 --> 00:40:01.260 To past acceptance and all the way to we are looking for. Welcome. 349 00:40:01.980 --> 00:40:02.460 Right. 350 00:40:02.520 --> 00:40:06.420 We want the world to be delighted when we show up. 351 00:40:07.650 --> 00:40:11.190 So that, and that was, as far as I know. 352 00:40:14.220 --> 00:40:23.040 That was well. In fact, I do know that was the first group in DC that included both sexual orientation and gender identity as part of its mandate. 353 00:40:23.760 --> 00:40:28.560 Right, that that everybody was in a coalition working towards both of these issues. 354 00:40:28.620 --> 00:40:30.030 Together. Yes. 355 00:40:30.390 --> 00:40:43.590 Yeah, so we had that December night coalition had a very odd structure. The structure was anybody could do any anything in any time in any for any purpose in the name of the December 9 coalition 356 00:40:45.360 --> 00:40:46.230 And 357 00:40:47.250 --> 00:41:01.110 Including speaking to the media. Okay. And they, they might if the rule. The deal was you might be told when you came to the next meeting. Please don't do that again. But you would never be censored for having done it. 358 00:41:01.500 --> 00:41:02.460 Right, okay. 359 00:41:02.640 --> 00:41:05.730 The idea being that there was so much to be done. 360 00:41:06.510 --> 00:41:13.890 Right on so many friends so few people who are able to be out and out 361 00:41:14.610 --> 00:41:20.730 Mm hmm. That whatever you did was just 100% totally fine. 362 00:41:21.390 --> 00:41:29.250 So in the December 9 coalition. We had everybody from the Conservative Party of Canada to the anarchist league, politically speaking, 363 00:41:29.580 --> 00:41:43.110 Yeah. And we built into that because I also had I had already had a history of doing unlearning oppression work, which was something that I'd done from 1984 and I still do to this day. 364 00:41:43.710 --> 00:41:57.030 And that inform the way we work so that we built in to the December 9 coalition on learning sexism and learning racism and learning and so on and so on so that we 365 00:42:01.410 --> 00:42:04.650 It was really an amazing group actually without 366 00:42:07.500 --> 00:42:14.610 Then we wanted to focus specifically on some transitions. So we set up another group and 367 00:42:16.620 --> 00:42:29.040 I believe it was called the transact called transaction that would, but I'm not. I don't quite remember. And it has. And we wanted, we decided we wanted to have a conference. 368 00:42:31.170 --> 00:42:38.130 And we applied to the court to cope. Challenges Program, which then provided money for conferences of that kind, because 369 00:42:39.300 --> 00:42:54.150 We wanted to argue for the inclusion of gender identity and human rights in we were again focused on human rights school. And when we wrote to the when we applied to court. Challenges Program. 370 00:42:55.980 --> 00:43:10.560 The initial response that I got was that they didn't feel comfortable funding trends trends work because it was not clear how that would impact women's rights. 371 00:43:13.020 --> 00:43:19.140 And I wrote them. What I unfortunately had been prescribed 372 00:43:21.120 --> 00:43:29.820 Cortisone a couple of days before it. As you may know, cortisone is it's it's like a steroid, you know, I was like, 373 00:43:30.840 --> 00:43:41.040 I was already hyped up angry when I got this response and I wrote what is what stands out in my entire legal history as the most blistering 374 00:43:42.270 --> 00:43:44.130 Like what the in the 375 00:43:46.320 --> 00:43:47.610 salty language just work. 376 00:43:47.610 --> 00:43:51.600 Who do you think you are, and it was 377 00:43:53.220 --> 00:44:16.440 Is I'm not actually proud of that letter because I would not write that letter in the manner that I wrote it again right but i just tore strips off them and we eventually got funding to do a consultation was. It was so the so called and we 378 00:44:19.530 --> 00:44:29.550 That was a very that was I, as far as I know, that was the first TRANS Conference in Canada. Hmm. And that was, I believe, 1999 379 00:44:30.660 --> 00:44:45.480 And that and who was at that conference that you might also talk to this wrong Gallagher. Have you talked to yet okay so wrong might remember the name of that group because the group lasted past 380 00:44:46.920 --> 00:44:52.410 The conference and after the conference there developed a conflict. 381 00:44:53.700 --> 00:44:58.800 In the group and the conflict in the group was about whether or not I should be in the group. 382 00:44:59.610 --> 00:45:05.010 Because I was a not trends right and so I left the new 383 00:45:07.560 --> 00:45:22.920 Wide nobody asked me to leave. I left unsaid in leaving. It's really, really not. It's not right that the question of whether I was a member of that group should occupy the group and be divisive 384 00:45:23.520 --> 00:45:25.860 So I was taking myself out of that. 385 00:45:26.340 --> 00:45:27.240 Conversation. 386 00:45:27.630 --> 00:45:30.120 Now it's taking up the energy that they need to be putting elsewhere. 387 00:45:30.180 --> 00:45:31.980 Yeah, exactly. And 388 00:45:32.100 --> 00:45:32.850 And 389 00:45:35.370 --> 00:45:36.540 So, 390 00:45:41.580 --> 00:45:43.560 Around that time, 391 00:45:48.060 --> 00:45:54.810 There was a project. This is also around the time of the Kimberly Nixon case. 392 00:45:55.230 --> 00:45:57.390 So around that time. 393 00:46:01.740 --> 00:46:03.360 There was 394 00:46:04.650 --> 00:46:06.510 The publication of 395 00:46:09.570 --> 00:46:17.280 A document that had photographs and descriptions of the lives of maybe it doesn't transfer 396 00:46:17.970 --> 00:46:18.480 Yes. 397 00:46:19.590 --> 00:46:21.150 Yes, I've read this one. 398 00:46:21.450 --> 00:46:25.950 Okay yes stories from the lives of 11 people in DC. 399 00:46:26.250 --> 00:46:26.790 There you go. 400 00:46:26.940 --> 00:46:27.450 Yeah. Yes. 401 00:46:28.110 --> 00:46:29.670 I think I might be very as well. 402 00:46:30.240 --> 00:46:36.510 Okay, there you go. So I wasn't far off when I said it doesn't. Okay, so that that publication. 403 00:46:38.040 --> 00:46:43.470 Was also I mean all every one of these things is is groundbreaking 404 00:46:43.770 --> 00:46:47.370 Mm hmm. Every one of these things is the first one ever 405 00:46:47.880 --> 00:46:50.550 Yes, every one of these things is 406 00:46:51.960 --> 00:46:52.980 Seeing 407 00:46:54.540 --> 00:46:54.870 Is 408 00:46:56.490 --> 00:47:07.410 Is pulling together stories from the ground instead of through them, in particular, instead of through the medical lens. 409 00:47:08.250 --> 00:47:11.460 Yeah, and and so 410 00:47:14.610 --> 00:47:26.250 It was very exciting and germinating and and important you know so Kimberly's case. 411 00:47:27.420 --> 00:47:29.970 Of you and I hope you talk to Kimberly. 412 00:47:31.230 --> 00:47:35.070 We've we're in. We're in conversation that's happening. We're booking it and doing the OH. 413 00:47:35.070 --> 00:47:36.120 Great. Okay. 414 00:47:36.300 --> 00:47:36.930 She's great. 415 00:47:37.020 --> 00:47:39.210 Definitely into it and we're definitely gonna be recording something 416 00:47:39.270 --> 00:47:39.540 That's 417 00:47:44.790 --> 00:47:46.560 When I think about it now. 418 00:47:49.590 --> 00:48:00.930 As a kind of, you know, old human rights activist, the idea that my first couple of cases where. Number one, you take on the 419 00:48:02.460 --> 00:48:03.780 Intended to 420 00:48:04.080 --> 00:48:05.640 A you take on the web. 421 00:48:06.120 --> 00:48:06.930 The prison. 422 00:48:07.020 --> 00:48:08.520 System. Right. 423 00:48:09.150 --> 00:48:12.120 And number two, you take on the women's movement. 424 00:48:15.210 --> 00:48:18.120 Were perhaps not the right places to start 425 00:48:19.980 --> 00:48:35.040 By contrast, I mean by comparison in 1993 we had a meeting of queer lawyers to talk about what the litigation strategy for lesbians and gay men should be 426 00:48:35.730 --> 00:48:55.590 Right. And part of the reason for that meeting was to dissuade an Ottawa lawyer who had gone to court and lost a right to marry case. Oh, and we said to that lawyer. Do not appeal that case, we should take that case last 427 00:48:57.330 --> 00:49:04.620 And so we developed a litigation strategy, which was first to claim spousal benefits. 428 00:49:08.340 --> 00:49:10.740 There by not challenging 429 00:49:10.980 --> 00:49:13.680 The sacred cow of marriage so 430 00:49:13.860 --> 00:49:14.970 My analogy. 431 00:49:15.510 --> 00:49:18.390 You wouldn't I locked into the insurance system basically 432 00:49:18.780 --> 00:49:19.410 Pardon me. 433 00:49:19.650 --> 00:49:26.640 I like sort of a backdoor into the insurance system basically so get established and then it was hard to put the cows back in the barn. 434 00:49:27.060 --> 00:49:36.540 Yeah. So it was an there were lots of other good reasons for going after common law benefits because right union supported it. 435 00:49:36.870 --> 00:49:41.820 Yeah, so there was money to litigate. It was all you know all that kind of stuff, but 436 00:49:43.950 --> 00:49:50.340 But the moral of that story is, don't go after the sacred cows first 437 00:49:50.640 --> 00:50:03.930 Rate. So you would think that I would have learned a lesson from that and not started with the prison system and the women's movement as the two first like okay, we'll just take this on them. 438 00:50:04.350 --> 00:50:07.410 You might as well start with the Olympics on athletics are really 439 00:50:07.830 --> 00:50:16.860 Really, really well. In fact, Kimberly, we took on we did take on the women's professional golf Association. Oh. 440 00:50:17.070 --> 00:50:18.030 I don't know about this one. 441 00:50:18.060 --> 00:50:24.510 Yeah, because she was a golfer, and they were going to exclude her became so we did and they change. 442 00:50:25.200 --> 00:50:31.320 Insurance. Yeah, but, um, but I i 443 00:50:33.300 --> 00:50:34.320 First of all, 444 00:50:38.820 --> 00:50:42.000 I wouldn't have known. I don't think I would have said no. 445 00:50:43.260 --> 00:50:49.440 I don't think I would have shot. I don't think I should have had the right to say no to a trans person. 446 00:50:49.920 --> 00:50:50.490 Um, 447 00:50:50.700 --> 00:50:53.010 Who came to me looking for legal help 448 00:50:54.390 --> 00:51:01.410 On the basis that I thought that it was politically the wrong strategy. I just don't take it was my not my place. 449 00:51:01.680 --> 00:51:11.640 Right. And I did say no to a couple who came to me looking for same sex marriage me for but that I was in that community. 450 00:51:12.540 --> 00:51:14.940 Right. Right. Yeah, you personally had investment there. 451 00:51:15.240 --> 00:51:23.670 Yeah. Well, no, I personally had not so much investment. I personally had I was located there like as 452 00:51:24.720 --> 00:51:48.900 It and it's it's its own challenge to work with a community that you're part of but it's but I was always, always, always very conscious that my as this person. I don't get to make it up. I get to listen and then present 453 00:51:49.290 --> 00:51:52.350 Rate, like I say, what I'm told to say 454 00:51:53.520 --> 00:51:54.330 So, 455 00:51:55.320 --> 00:52:04.530 As I was different, with the same sex couple who wants to talk to you about marriage because you have your own skin in the game, as it were, so you're able to say from my own place. I gotta 456 00:52:04.800 --> 00:52:14.280 Say no. And I can do that since my own community, but with the trans folks who were like, you know what political political political if you need help. I can't say no, it's not the right thing to do. 457 00:52:15.750 --> 00:52:27.150 Yeah, I'm not. I don't get to say this is I said to that couple i can i hear you. You have an absolute right to get married, I completely agree with you. And this is not the right time. 458 00:52:28.800 --> 00:52:29.070 Yeah. 459 00:52:29.130 --> 00:52:38.310 And I'm going to tell you that that's not and all of these cases. Right. I think almost literally all of them were pro bono so 460 00:52:45.600 --> 00:52:52.290 So part of that was where I was going to put my energy, but it wasn't, it was a question of who gets to decide. 461 00:52:52.680 --> 00:53:05.490 What makes political sense and I in the in the gay and lesbian context. I had my feet on the ground in community activist groups. I had a very good idea of what people thought was the right 462 00:53:06.030 --> 00:53:23.670 Place direction and that was part of what informed my political, legal work for lesbians and gay men for trans people on the other hand, I had no right to be making those decisions and I listened to people who told me right 463 00:53:26.250 --> 00:53:34.230 So, Kimberly came and told me what it happened to her at reproof. And I was appalled at what happened to her reproof and awful and 464 00:53:35.730 --> 00:53:42.870 And they were as gross then as they are now. 465 00:53:44.760 --> 00:53:46.560 And in some ways. 466 00:53:49.920 --> 00:53:56.970 Well, they've now kind of dressed up their anti trends rhetoric. 467 00:53:57.690 --> 00:53:58.260 In the 468 00:53:59.730 --> 00:54:02.070 In the turf, you know, 469 00:54:03.720 --> 00:54:04.410 Frame 470 00:54:04.680 --> 00:54:10.740 Yeah. At the time, it was very, it was like men and dresses. 471 00:54:11.100 --> 00:54:23.430 Right. And they were they were the humiliated Kimberly and they conducted the litigation in a manner that was 472 00:54:30.750 --> 00:54:31.830 disgraceful. 473 00:54:32.340 --> 00:54:32.730 Hmm. 474 00:54:33.150 --> 00:54:41.730 You know, for example, one of their arguments, was that trans people were not covered by the Human Rights Code at all. 475 00:54:43.110 --> 00:54:46.980 Because they were they were they were covered neither by they were not covered by 476 00:54:47.520 --> 00:54:48.810 The word sex. 477 00:54:50.070 --> 00:54:55.500 Because the word sex only applied to the natural sexes of male and female. 478 00:54:57.060 --> 00:54:57.690 Wow. 479 00:54:57.750 --> 00:54:58.350 That's, yeah. 480 00:54:58.740 --> 00:54:59.610 I mean, that's 481 00:54:59.820 --> 00:55:00.060 That 482 00:55:01.350 --> 00:55:04.560 The base of that argument is that trans people aren't actually human 483 00:55:05.160 --> 00:55:17.280 That is exactly right. And that is exactly what I said that that was so when we, when we began the human race case they took a name took as apparently it's called a preliminary position. 484 00:55:18.000 --> 00:55:26.880 They said, well, this case should should be dismissed because it can't go anywhere because there's no legal basis for because trans people are not 485 00:55:28.950 --> 00:55:29.400 Covered 486 00:55:29.460 --> 00:55:31.830 By the human rights so 487 00:55:33.450 --> 00:55:36.150 We ended up having to go to court. 488 00:55:36.750 --> 00:55:38.430 Trans people are not capital. 489 00:55:39.900 --> 00:55:44.430 We're not rodents. Like, who was covered by the Human Rights Code, if not all human like 490 00:55:44.700 --> 00:55:46.350 Wow, that's, that's incredible. 491 00:55:46.980 --> 00:55:49.890 Wow. So we then we had to go to court. 492 00:55:50.640 --> 00:56:13.440 And we went to court to argue that very point. And so there is a before the main case itself, there is a preliminary decision, which is the decision in Canadian law that establishes that the word sex in human rights legislation does indeed cover. 493 00:56:15.240 --> 00:56:16.560 Discrimination against 494 00:56:17.910 --> 00:56:18.300 Right. 495 00:56:18.330 --> 00:56:21.690 Right. So now, parenthetically, 496 00:56:22.800 --> 00:56:23.850 This is a nice 497 00:56:25.050 --> 00:56:28.800 Little illustration of a point and that is 498 00:56:30.030 --> 00:56:43.890 The effect of that decision liens. There was no need, legally speaking to add gender identity to human rights legislation. Right. It was already covered, but 499 00:56:44.910 --> 00:56:45.900 Nobody knew it. 500 00:56:46.650 --> 00:56:47.100 Right. 501 00:56:47.610 --> 00:56:51.840 And so it's a really important illustration of 502 00:56:53.490 --> 00:57:02.460 The relationship between law and rights and and the and 503 00:57:08.070 --> 00:57:14.850 The ability of a community to assert their rights if trans people don't know that they're covered 504 00:57:16.170 --> 00:57:28.920 Then they're not going to advance those rights if employers don't know that gender is that sex covers trans folk, they're going to continue to discriminate. So there's an entirely educational function. 505 00:57:29.520 --> 00:57:50.730 That is very little understood and described, but this is a, like a perfect illustration of that and as you know the the advocacy to have gender identity and gender expression added to the code right federally. I mean, there were three or four attempts before it finally was made. 506 00:57:51.870 --> 00:57:52.440 Law. 507 00:57:52.860 --> 00:57:53.310 Hmm. 508 00:57:55.230 --> 00:57:57.720 And that was a 20 509 00:57:57.930 --> 00:57:59.910 Oh yeah me 510 00:58:03.750 --> 00:58:09.480 Please again 2016 I think NBC and maybe or yeah 20 there abouts 511 00:58:09.690 --> 00:58:09.960 There. 512 00:58:11.430 --> 00:58:26.100 And kind of. Meanwhile, back at the ranch we had been doing trans cases under the ground sex for a long time and I would throw depending on the circumstance. I don't remember what we did yours. We do sex and disability for you, or do we just do sex. 513 00:58:26.520 --> 00:58:33.900 And we put in for sex and disability but then we end up being kind of a non issue because of the end up just being the conversational 514 00:58:34.260 --> 00:58:35.250 Sanction end 515 00:58:35.370 --> 00:58:35.730 Yeah. 516 00:58:36.990 --> 00:58:38.100 But, um, 517 00:58:38.130 --> 00:58:41.850 But I remember we had to have that compact have that conversation then 518 00:58:41.910 --> 00:58:42.960 Yeah yeah yeah 519 00:58:43.050 --> 00:58:50.520 2010 so or 20 10,009 or 2010 either around about because it took it took a while. I think it's probably 2010 by the time I came to you. 520 00:58:50.760 --> 00:58:58.890 Because I had already filed it and done a whole bunch of back and forth with them for a while. So it's probably early 2010 because that was when I was getting the place of like we need to sign this now and I 521 00:58:59.940 --> 00:59:06.540 I need someone to read this or knows what they're talking about. So that's where we were. Then I already had a couple of meetings. So yeah, I would have put in under 522 00:59:07.800 --> 00:59:10.770 Under a sex and disability I think because we had that conversation. 523 00:59:11.520 --> 00:59:21.000 But so backing backing up a little bit, though, back to back to with the mixing case. So when that's a big decision came, came in this, this was the pre 524 00:59:21.570 --> 00:59:29.430 Sort of the pre decision before you end up in human rights because they had to basically say, Yes, this is going to be a human rights, you know, 525 00:59:29.880 --> 00:59:32.520 Yeah, this would be an argument under human rights, yes, you can do it. 526 00:59:32.970 --> 00:59:44.010 Yep. Wow. Okay, so what happened then, when you actually had to play when when the you know the Human Rights piece when because I know when kind of back and forth, but three different decisions. There wasn't there. 527 00:59:44.490 --> 00:59:47.910 So we we we human rights hearing 528 00:59:48.420 --> 00:59:50.010 Was was 529 00:59:51.990 --> 00:59:53.640 Was very interesting they 530 00:59:54.660 --> 00:59:55.740 The 531 00:59:59.520 --> 01:00:05.040 There were many different pieces with some of which you can in fact 532 01:00:07.410 --> 01:00:10.530 Excellent decision that the tribunal wrote 533 01:00:11.610 --> 01:00:20.490 They were pretty some pretty scandalous things. One of the things we believe did was they called a 70 year old woman to testify that she 534 01:00:21.570 --> 01:00:31.950 had contacted relief to talk a little daughter granddaughter or something and right and that she had seen Kimberly Nixon in court, the year before. 535 01:00:32.190 --> 01:00:50.610 And would end, she was no testifying that head Kimberly Nixon been one of the counselors, she would not have felt comfortable in speaking with her and that was part of their evidence about why Kimberly could not be a human rights. Oh, couldn't be a rape crisis counts. 536 01:00:50.610 --> 01:00:51.540 Right, yeah. 537 01:00:51.960 --> 01:01:02.250 And so I went in. This is one of my favorite moments in my legal career in cross examination, I said to her, now I want you to look around the room. 538 01:01:03.360 --> 01:01:05.880 Now you understand. At this point, the room is full of transfer 539 01:01:07.050 --> 01:01:10.140 It's not a very big room, but it's full of pencil. 540 01:01:10.440 --> 01:01:26.040 Okay. And I want you to look around the room and I want you to, I want you to point to any of the people in the room that you would now feel uncomfortable speaking with if they were 541 01:01:27.690 --> 01:01:32.310 Counselors, and the tribunal member went nuts. She said, wait a minute. 542 01:01:33.510 --> 01:01:53.910 You can't make the gallery into evidence in this hearing. You can't do that. And I said, well, Madam Chair. She's just testified, and on the basis of what she saw last year in a courtroom. This is her evidence so 543 01:01:55.500 --> 01:02:07.230 I have that right so she stood down, she came back and she said, Okay, I'm going to ask the gallery. If anybody feels uncomfortable being it with that question. Gotcha. 544 01:02:09.480 --> 01:02:11.820 Oh, you're freezing free throws up there forever. 545 01:02:15.330 --> 01:02:19.560 Just going to pause for a second. Totally. Okay, we're back to recording that 546 01:02:20.520 --> 01:02:20.940 Okay. 547 01:02:26.040 --> 01:02:29.340 It happens you know we have to do a little bit of tech troubleshooting all the time. It's 548 01:02:29.730 --> 01:02:30.900 par for the course right now. 549 01:02:31.170 --> 01:02:39.960 Yeah, and I also wrote down exactly where we were, because it was hilarious. If it cuts out. You say, I want to tell you about one of my favorite moments, my legal career. 550 01:02:40.110 --> 01:02:51.030 Yeah, I know. And I was just, I was just about to tell you what happened after the tribunal chair came back in and said okay, you can. You're allowed to use 551 01:02:51.210 --> 01:02:53.550 Your gallery as witnesses and 552 01:02:53.640 --> 01:03:00.960 And the, the witness the seven year old woman looked around the room and she just hated having to answer the question. 553 01:03:01.080 --> 01:03:02.430 Did anyone leave a gallery. 554 01:03:02.520 --> 01:03:03.630 When they were invited to 555 01:03:03.780 --> 01:03:06.420 No, no, no, everybody, we're fine. We'll sit right here. 556 01:03:06.480 --> 01:03:06.840 Yeah. 557 01:03:07.920 --> 01:03:08.250 And 558 01:03:10.680 --> 01:03:11.520 She 559 01:03:14.520 --> 01:03:16.590 I'm just going to ignore that. Is that OK. 560 01:03:16.830 --> 01:03:18.720 That's fine. I don't mind. You can get it if you like it. 561 01:03:24.300 --> 01:03:29.550 I just don't. I just don't want it to mess up the is going to stop in a second and 562 01:03:29.910 --> 01:03:31.320 Greens three times. 563 01:03:31.740 --> 01:03:42.780 Gotcha. Okay. And I'm not going to be able to get to the end of this goddamn story so she looks around. She looks. I'm going to say it again because you're going to edit this. So, 564 01:03:44.700 --> 01:03:55.050 So she looks around the room and she is extremely reluctant to answer the question. Finally, and very tentatively, she says. 565 01:03:58.260 --> 01:03:59.490 That person. 566 01:04:00.570 --> 01:04:01.290 There. 567 01:04:03.210 --> 01:04:10.860 And that person there that she pointed that is my partner Sheila Gilly a sis gender woman. 568 01:04:10.950 --> 01:04:24.480 If ever there was one. And so for my next move. I put Sheila on the stand and got her to talk about her experiences as a very butch looking woman. 569 01:04:25.740 --> 01:04:35.040 And being told that no she couldn't work at the Women's Center, because people would think she was a man and and so forth. And so what like horrendous. 570 01:04:37.320 --> 01:04:37.680 Oh, 571 01:04:39.480 --> 01:04:43.680 So it was absolutely Pitch Perfect. 572 01:04:45.060 --> 01:04:46.620 You couldn't you couldn't if you 573 01:04:49.080 --> 01:04:51.990 If it was in a movie, you would think it was like, Oh, come on. 574 01:04:52.350 --> 01:04:56.070 Yeah, like that would never happen to real, they're not going to pick the lawyers partner. 575 01:04:56.100 --> 01:04:57.060 Like yeah yeah 576 01:04:58.710 --> 01:05:00.840 It was it was truly hilarious. 577 01:05:02.850 --> 01:05:03.630 So, 578 01:05:05.370 --> 01:05:09.720 The decision of the Human Rights Tribunal was 579 01:05:11.340 --> 01:05:17.970 Fantastic. The tribunal member hearing the decision, who later went on to be a Supreme Court judge 580 01:05:19.290 --> 01:05:25.860 Really got all of the elements of the case and wrote a stunning 581 01:05:27.540 --> 01:05:30.660 Stunning decision they did things like 582 01:05:33.720 --> 01:05:47.340 At the break my Sheila, my partner came up to me and said, I know you said not to interrupt you, but the lawyer for Rape Relief is over there talking to the press and using male pronouns. 583 01:05:50.340 --> 01:05:52.020 In the middle of the case. 584 01:05:52.380 --> 01:05:57.660 Wow. So when I went back into the tribunal. I said, 585 01:05:58.740 --> 01:06:01.080 I have just been advised that this happened. 586 01:06:02.670 --> 01:06:12.870 I want to add a complaint about there's a provision of the code if you if you 587 01:06:14.010 --> 01:06:28.080 Basically if you screw up again after being told you should you can go back again. Okay. And so I said, I want to file that right now of course it. I mean, I want a remedy of that right which is impossible to get 588 01:06:28.470 --> 01:06:41.820 Right, because you have to file a whole new complaint and I knew that I nevertheless if you read the judgment that lawyer was excoriated in the judgment for that behavior. 589 01:06:43.710 --> 01:06:44.070 Well, 590 01:06:44.160 --> 01:06:46.350 That was just appalling. 591 01:06:46.470 --> 01:06:48.030 Yeah, appalling. 592 01:06:50.580 --> 01:06:51.360 So, 593 01:06:51.510 --> 01:06:52.170 That's what I 594 01:06:52.500 --> 01:06:52.800 Do 595 01:06:52.890 --> 01:06:59.820 I'm sorry, and antagonistic as well in the in that particular circumstance. It's not just like it's it's already you know 596 01:07:00.120 --> 01:07:12.450 An awful thing to be doing, but it's like we're actually here trying to litigate this right now and you're pretending like you've already you know one and you can treat people like they're not humans. And that's not the case yet. 597 01:07:12.870 --> 01:07:14.520 Yeah, yeah. Wow. 598 01:07:15.930 --> 01:07:16.650 So, 599 01:07:18.630 --> 01:07:19.290 Then 600 01:07:22.020 --> 01:07:28.650 The then Rape Relief appealed the or they did not appeal. They took judicial review which 601 01:07:30.450 --> 01:07:37.830 You can't appeal a human rights decision, but there's a technical procedure where you can say 602 01:07:42.720 --> 01:07:44.070 It feels natural. 603 01:07:45.090 --> 01:07:58.620 Suppose a Human Rights Tribunal, said the eviction of this tenant was wrong because the landlord already had PAYMENT FOR THE RENT. 604 01:08:00.090 --> 01:08:03.360 And they did not refer to any human rights ground. 605 01:08:06.600 --> 01:08:08.550 Well, then they can't make that decision. 606 01:08:09.060 --> 01:08:13.380 They're only allowed to make, they're not allowed to make residents tenancy decisions. 607 01:08:13.650 --> 01:08:16.770 They're only allowed to make human rights decisions so 608 01:08:16.860 --> 01:08:21.390 Then, so if they have exceeded their jurisdiction. 609 01:08:23.640 --> 01:08:33.510 One of the participants is entitled to go to BC Supreme Court, which is not the highest court in DC, but and say, 610 01:08:36.210 --> 01:08:50.400 You know, has strayed outside of its boundaries and you should review that decision, right. So although it's a different procedure than an appeal. But in some ways, it has the same effect. 611 01:08:51.480 --> 01:08:53.640 So they did that and 612 01:08:55.080 --> 01:09:01.830 We lost and we we went to the court of appeal and lost a baby. 613 01:09:08.280 --> 01:09:22.470 If you we lost in the Court of Appeal based in part on a provision in the human race code that says if you're doing an activity which is designed to benefit a marginalized group in this case Ayman 614 01:09:23.580 --> 01:09:28.320 You are exempt from the Human Rights Code. 615 01:09:29.700 --> 01:09:30.390 Right. 616 01:09:30.810 --> 01:09:31.680 Drink that in 617 01:09:33.660 --> 01:09:37.410 So it's a very, very bad provision. 618 01:09:38.130 --> 01:09:42.450 If you're working on behalf of human rights, then you're not subject to human rights. 619 01:09:43.260 --> 01:09:43.890 You got 620 01:09:45.810 --> 01:09:55.530 So Kim. We did, however, get from the tribunal. The, the, then largest award in the Human Rights tribunals history. 621 01:09:57.180 --> 01:10:09.450 For their reach away the of the tribunals signaling how egregious they thought the behavior was and the human rights decision had end the preceding 622 01:10:10.740 --> 01:10:13.410 Decision that women were 623 01:10:18.900 --> 01:10:31.170 Purposely influential right in and and that case because it was so early, and because it really did concern the personhood. 624 01:10:32.190 --> 01:10:32.370 Of 625 01:10:32.430 --> 01:10:33.390 trans folk 626 01:10:34.440 --> 01:10:40.830 Has been written about in I don't know 500 legal 627 01:10:42.870 --> 01:10:49.740 Hundreds of people have written articles analyzing that case. So it became 628 01:10:51.150 --> 01:10:51.930 Um, 629 01:10:53.130 --> 01:10:56.610 Well that plus there were hardly any cases that at the time. 630 01:10:58.200 --> 01:11:02.700 When, when the explosion. It happened in universities. 631 01:11:02.970 --> 01:11:05.070 Yeah interest in trend stuff. 632 01:11:05.460 --> 01:11:10.890 That was one of the early texts. Yeah, people focused on 633 01:11:11.610 --> 01:11:25.410 Well, I mean, even when it was happening here in Vancouver. I remember I was in, I was in my in social work, school when this was when this was active when this is going on and somebody, one of the students on the Council invited 634 01:11:26.790 --> 01:11:35.970 I don't remember the person's name, but it was the end of rape relief to the school like for you know what it was anti. You know, I don't know, December. 635 01:11:35.970 --> 01:11:40.170 Six like somebody you know some like anti violence against women, sort of thing. 636 01:11:40.710 --> 01:11:49.290 That this person was invited for and we certainly didn't have any trans people. I wasn't you know out or anything like that. I don't even know if I understood. Really what trans. Was it 637 01:11:49.590 --> 01:11:59.040 Might still like you know it was you know, I kinda but like, certainly, it was, it was still there was no one trans at the school. There's no one really talking about those issues. 638 01:11:59.700 --> 01:12:07.020 And it cause it was it was an uproar among the students and it was probably the most divisive thing I've ever seen. 639 01:12:07.770 --> 01:12:08.430 In terms of 640 01:12:08.970 --> 01:12:23.340 Should we invite this person here or not. And then the students, saying, but what does it mean to uninvite that person we're taking a very clear stance, maybe we shouldn't you know it's not a legal thing yet. And it was it was a it was very in between because no one 641 01:12:23.700 --> 01:12:32.370 A lot of the argument was, well, it's from the side who said what we shouldn't just invite her was because they were concerned that it wasn't, it wasn't like there was no legal reason 642 01:12:32.460 --> 01:12:34.500 We have not yet established, yes. 643 01:12:35.490 --> 01:12:49.380 Exactly what happens. Um, well, what happened was literally and I'm happy to say this for the long term historical record literally screaming and crying like a lot of screaming and crying like in the school if people just broke down. 644 01:12:50.100 --> 01:13:01.890 And for me it was a very pivotal moment in my own sort of understanding of what activism was because I learned my own approach, it really solidified my approach because I realized I wasn't 645 01:13:03.450 --> 01:13:14.130 I might be a loud voice, but I wasn't a screamer or a crier. I realized what I was, was the person to come back in after that and say, Okay, everybody, let's be reasonable. 646 01:13:15.030 --> 01:13:26.010 And let's talk about this as our profession as our obligations as social workers, what is our professional obligations and and in doing that everyone you know basically 647 01:13:26.850 --> 01:13:33.930 calmed down and went, oh, right, if this isn't okay this is and then they came around to the human rights perspective. 648 01:13:34.620 --> 01:13:39.510 And the, the students who was most worried about having to the invite. We just said, then you don't have to do that. 649 01:13:39.960 --> 01:13:46.500 The rest of us will happily take that on and I'll happily write her a letter and explain to her why she's being disappointed. 650 01:13:47.220 --> 01:13:54.900 That we didn't and she basically said okay and that's the end of that. But it was it was for me it was a very pivotal moment and realizing that 651 01:13:55.200 --> 01:14:05.520 There's so many parts to activism that you need the people in their frontlines banging pots and pans like freaking out and getting upset and being visible. 652 01:14:05.850 --> 01:14:17.700 And then you also need professional people with like credentials. Not even just credibility, but credentials. It is what it is. Right. Cultural cultural currency and we need to have those people come in and say, okay, 653 01:14:18.240 --> 01:14:26.040 What's the legal reason, what's our professional obligations and and to smooth that over once people had a chance to have their 654 01:14:26.490 --> 01:14:36.150 You know their freak out. But people need to have the freak out and then you need to let the other side respond, you know, resistant Lee, because that's what they will do 655 01:14:36.720 --> 01:14:46.260 And then once everyone's had that. And it kind of. That's what I like to come in and say, what are we doing now, because we don't want to continue having this this problem. 656 01:14:46.590 --> 01:14:54.120 So that it is and that's what happened. And it was a very interesting moment for me as an activist learning my own approaches that you know 657 01:14:54.630 --> 01:15:02.970 I see it as a drill that hole into the system and then you get in there and you blow it up from there. But you have to be able to get inside somehow 658 01:15:03.630 --> 01:15:10.500 You know, to be able to break it down. So that's part of my part of my approach for it, but it was that was very difficult for me. 659 01:15:11.130 --> 01:15:23.760 I certainly didn't know Kim Nixon was I'd never met. Kimberly, I didn't, you know, I didn't know you know tons of trans people or anything, but it just seemed like basic human rights and it was, it was so obvious. 660 01:15:25.500 --> 01:15:29.820 And really, once you got a bunch of social work students sitting down and talking reasonably with each other. 661 01:15:30.480 --> 01:15:41.670 Then they realized, oh, this is completely obvious this is a human rights issue. And you know that one of the things that were taught and social workers, you know, what must not always be legal, but one must always be ethical 662 01:15:42.120 --> 01:15:55.020 Yeah. And we came to that conclusion and start to talk about that more as a cohort what it meant to be practitioners that we're practicing ethical, social work, as opposed to always looking at what legal meant 663 01:15:55.320 --> 01:15:58.740 Right. Yeah. Those were different things. And I think that that was a big learning 664 01:15:59.340 --> 01:16:10.050 For a lot of people, maybe not just in my cohort, but I think across the board that was I think what that that case was happening for us young university students in those times were learning about the difference between 665 01:16:10.650 --> 01:16:11.760 The article 666 01:16:13.080 --> 01:16:13.350 So, 667 01:16:14.010 --> 01:16:28.140 The case itself went on for years, literally. And during that period of time. Kimberly had six different jobs he from each of which she was fired when when 668 01:16:29.220 --> 01:16:30.960 She was voted in the newspaper. 669 01:16:31.830 --> 01:16:32.160 Oh, 670 01:16:32.190 --> 01:16:40.380 In the dress. And so I did six wrongful dismissal things for her along the way of her case. 671 01:16:40.920 --> 01:16:42.480 I didn't know any of that. 672 01:16:42.540 --> 01:16:44.820 Oh my god is Kimberly is 673 01:16:45.810 --> 01:16:48.270 An incredible hero. 674 01:16:49.980 --> 01:16:54.030 And only in the last few years, or long time 675 01:16:55.260 --> 01:16:59.310 She was not inclined to be 676 01:17:00.630 --> 01:17:09.300 Better at but recently that's changed. I'm really glad that she's being recognized and honored for the contribution that she 677 01:17:11.100 --> 01:17:13.230 Cannot be measured. We spent 678 01:17:13.950 --> 01:17:28.890 gazillions of hours on on unpacking the aggression that she experienced I myself was booted from there was a National Association of Women in the law. 679 01:17:29.730 --> 01:17:47.220 That's been something rather and they kicked me off the at that point we had email lists that was where we were internet wise right and or some sort of maybe there was a chat forum or something. I don't remember, but whatever it was the 680 01:17:49.650 --> 01:17:50.340 Any longer 681 01:17:51.090 --> 01:17:54.750 Because I was because I was the lawyer for Kimberly. 682 01:17:55.800 --> 01:17:56.670 Like that. 683 01:17:57.060 --> 01:17:59.370 That's another really shocking piece. 684 01:18:00.060 --> 01:18:05.130 That. So for me that was like being kicked out of home. 685 01:18:06.840 --> 01:18:08.280 You know i by that point. 686 01:18:08.490 --> 01:18:12.330 There was a lesbian by that point there was a lesbian lawyers identity. 687 01:18:12.960 --> 01:18:14.610 Yeah, only they wouldn't let me have it. 688 01:18:15.870 --> 01:18:18.030 And you're like, I started this. Yeah. 689 01:18:18.060 --> 01:18:22.680 Hang on a minute here. Yes. Just one card that but i mean 690 01:18:25.020 --> 01:18:27.690 It didn't matter to anybody but me, of course. But 691 01:18:27.870 --> 01:18:36.660 But that was the end. I also, I did. Kimberly and I both did a lot then often we did public speaking together. 692 01:18:37.980 --> 01:19:02.130 But one year. I know, I remember was there was a leaf conference and it so happened that we got a settlement of the of the cabinet case on the very day of the conference. And so I showed up with a bunch of brightly neon colored pink flyers describing that case and our win. 693 01:19:02.760 --> 01:19:03.930 Hmm, and 694 01:19:04.950 --> 01:19:09.330 There was nobody in the room who was glad to see me. 695 01:19:10.680 --> 01:19:11.550 And in the 696 01:19:12.990 --> 01:19:19.740 Of the work of the conference that I was the leader of I don't remember what I was talking about. I must have been 697 01:19:20.220 --> 01:19:32.670 Maybe I was talking about trends rates. I can't. Maybe it was, it might not even a bit at the same leaf conference but at that point. Monica chapel and I Monica chapels have to spirit woman is now living in Nelson. 698 01:19:34.590 --> 01:19:40.800 We're co facilitating a workshop in the leaf leaf conference and 699 01:19:42.750 --> 01:19:48.660 They wanted to unseat us as the cultures, because 700 01:19:49.740 --> 01:19:51.540 Essentially blasphemous 701 01:19:53.100 --> 01:19:56.460 And they spent and we were literally spat on 702 01:19:58.170 --> 01:20:01.230 This is like a bunch of legal academics, you understand 703 01:20:03.720 --> 01:20:04.710 Oh my gosh. 704 01:20:05.940 --> 01:20:14.970 So the anti Nixon, the anti trans animus at the time was incredible. 705 01:20:15.450 --> 01:20:16.020 Mm hmm. 706 01:20:17.220 --> 01:20:23.340 The I'm happy to say that in most of the winners centers around the province. 707 01:20:24.450 --> 01:20:31.260 Most people thought Rape Relief was wrong, but they also didn't really know what to do with trans women. 708 01:20:31.740 --> 01:20:36.990 Right, so they didn't they just were. They were variously clumsy. 709 01:20:40.200 --> 01:20:47.550 Discriminatory without really intending to be didn't know how to deal with that kind of stuff. So 710 01:20:47.550 --> 01:20:48.270 I had lots 711 01:20:48.360 --> 01:20:57.990 Of lots and lots of consultations with with women's groups, looking for solutions to those kinds of how do we deal with 712 01:21:00.630 --> 01:21:01.350 Yeah yeah 713 01:21:02.370 --> 01:21:06.330 And and the women's movement as a whole. 714 01:21:07.380 --> 01:21:10.710 As represented by those women. 715 01:21:13.800 --> 01:21:14.460 Shifted 716 01:21:15.030 --> 01:21:17.010 Yes, there was a sea change. 717 01:21:17.430 --> 01:21:20.070 In attitude and I would say over 718 01:21:21.420 --> 01:21:22.020 I don't know. 719 01:21:22.140 --> 01:21:29.280 It over a couple of years, maybe, and to the point where the minority view was the Reaper leaf view. 720 01:21:29.850 --> 01:21:30.450 Yes. 721 01:21:30.570 --> 01:21:32.820 You know, yeah. And now, 722 01:21:33.690 --> 01:21:48.750 Accepted. I mean, it just took that case was so you know whether or not it was, you know, one in the long run, or or not it was it was it was just so pivotal that got the conversation happening. And that basically, it took so long for the case to 723 01:21:49.800 --> 01:21:59.610 Go through its various different iterations that by the time it had that conversation have been happening. And, you know, at, at the end of the day, you know, if 724 01:22:00.300 --> 01:22:02.790 I live date we lost the battle and won the war. 725 01:22:03.330 --> 01:22:06.060 Yeah, that's it. Yeah, great. But yeah, exactly, exactly. 726 01:22:06.390 --> 01:22:09.900 Yeah it visible and it brought the conversation out into the mainstream 727 01:22:10.650 --> 01:22:20.190 In a way that, you know, frankly, in some ways, if if they'd never appealed. And you just want the BC human rights case and it stayed there, it probably wouldn't be nearly as much change. You know, it's 728 01:22:20.580 --> 01:22:24.510 True. Yeah, good on your go to them for going ahead and being such a jerk. 729 01:22:26.040 --> 01:22:33.390 Because if they hadn't been so resistant, you would have just happily one that bc human rights hearing and walked away. 730 01:22:33.570 --> 01:22:33.990 Yep. 731 01:22:34.260 --> 01:22:43.470 They made it into a big national issue. And frankly, it probably, probably promoted trans issues ahead in that time twice as quickly as they would have otherwise. So 732 01:22:43.500 --> 01:22:43.830 Yeah. 733 01:22:44.220 --> 01:22:56.130 You know, but I mean, of course, all that's being done what I'm thinking about my own my my own perspective is on whose backs. Right. And what is the cost of that to you, and also the Kimberley, you know, like 734 01:22:56.670 --> 01:23:04.500 Yeah. Well, it was the cost. Kimberly was enormous. And it's amazing to me that she survived. 735 01:23:05.130 --> 01:23:06.840 And she and I mean 736 01:23:07.020 --> 01:23:07.620 We 737 01:23:09.960 --> 01:23:23.850 We had not. Neither of us had any doubt about the right, we were doing. And so we were able to deal with the micro aggressions and and the macro aggressions in that context, you know, 738 01:23:26.430 --> 01:23:27.990 So what that 739 01:23:30.720 --> 01:23:36.090 This is another kind of parent. This is but what that means, as if you're doing layering. 740 01:23:37.110 --> 01:23:38.700 In marginalized community. 741 01:23:40.380 --> 01:23:45.540 You cannot do, in my view, know part of your job. 742 01:23:46.890 --> 01:23:47.880 Is to 743 01:23:48.990 --> 01:23:53.370 Be able to say to people who come to see you look 744 01:23:54.480 --> 01:24:03.780 We can do a human rights case, this is what the micro aggressions are going to be this is what's going to is what the just the process is going to do to you. 745 01:24:04.470 --> 01:24:05.760 Hmm. Right. 746 01:24:06.150 --> 01:24:07.380 After that, 747 01:24:08.640 --> 01:24:10.800 You may also suffer. 748 01:24:12.210 --> 01:24:15.510 Aggression from other directions. These days from the internet. 749 01:24:15.990 --> 01:24:16.350 Yeah. 750 01:24:17.490 --> 01:24:26.760 So here's the cost which is a cost entirely separate from the merits of your complaint, the 751 01:24:27.870 --> 01:24:33.810 Have already suffered from something horrendous enough that you've come to see me in the first place. 752 01:24:36.450 --> 01:24:40.980 And the human race process in particular is really 753 01:24:42.120 --> 01:24:45.240 It's it's largely a liberal bandage it 754 01:24:45.780 --> 01:24:52.200 It is not an effective way for people. It's not an effective way to address oppression. Let's put 755 01:24:52.800 --> 01:24:53.580 Yeah yeah 756 01:24:53.610 --> 01:25:01.080 It's one way, but it's by no means, you know, it is always at huge cost. 757 01:25:01.410 --> 01:25:03.000 Yes, who are going through it. 758 01:25:03.870 --> 01:25:11.220 That's one of the things that I teach in when when I when I'm teaching about human rights in my classes. One of things I talked about 759 01:25:11.580 --> 01:25:19.110 Particularly around health issues and human rights is the problem with human rights and I think Dean Spade talks quite a bit about this as well. 760 01:25:19.620 --> 01:25:39.420 Is that it requires a victim, like it's, it doesn't do anything. It prevents no harm. In fact, the only thing it does is allow people who have been victimized to now be further victimized by a system that is frankly not going to give them any justice whatsoever so 761 01:25:39.750 --> 01:25:56.730 And in and. And until recently also would not give them enough money even to pay a lawyer to get them where they were going. So by by financially unless you unless you had both money and conviction. 762 01:25:57.960 --> 01:26:00.540 It was effectively unavailable now. 763 01:26:01.620 --> 01:26:11.910 The NBC, there was always been a human rights clinic, but it has been so overwhelmed that it has not made an effective change in what I've just said. 764 01:26:13.020 --> 01:26:14.850 So it is 765 01:26:16.230 --> 01:26:17.490 And you 766 01:26:18.960 --> 01:26:30.330 You, you may get as a remedy an order that they change. What is that the whomever changed the whatever discriminatory practice was accepted, then no oversight. 767 01:26:30.960 --> 01:26:33.510 Right whatsoever. Yeah, you know, 768 01:26:33.930 --> 01:26:34.380 I did a 769 01:26:34.620 --> 01:26:42.000 I did a case against the Vancouver city police in about 1997 770 01:26:43.050 --> 01:27:03.330 On behalf of a trans woman, and we went to mediation and where the, where the the Diversity Officer was one of the police officers who was present at the mediation and he was astonished. He was a sis white dude he was astonished to hear that any marginal 771 01:27:05.070 --> 01:27:05.670 Please. 772 01:27:07.440 --> 01:27:16.890 There was any reason. Any reason for. So, you know, there's my clients and me sitting there saying he's the Diversity Officer. 773 01:27:17.310 --> 01:27:34.980 Okay, you know. Anyway, they agreed in 1997 to a whole raft of trans inclusive policies, the likes of which you know you would love to see in a textbook, except it made absolutely no difference whatsoever. 774 01:27:35.310 --> 01:27:35.940 Yeah, none. 775 01:27:38.280 --> 01:27:47.850 Exactly. And one of the things like no one ever was going to go and you know fire somebody or gay bash somebody and went 776 01:27:48.450 --> 01:28:04.590 Into resentment Policy Manual. Get it, make it you know they agree but didn't make it into the Policy Manual. If it was in the Policy Manual. Did it make it into the training if it was in the training. Did it make it into the disciplinary procedures like you know so 777 01:28:06.600 --> 01:28:15.240 ANYTHING HAPPENED TO TO roller girl just recently. I can't remember the last few last few years. But, you know, and 778 01:28:15.720 --> 01:28:18.300 She was when I care and so forth. 779 01:28:18.810 --> 01:28:18.990 Yeah. 780 01:28:20.460 --> 01:28:21.120 It. 781 01:28:21.870 --> 01:28:27.210 Was as well, you know, back in 2017 that's still 20 years after they're 782 01:28:28.470 --> 01:28:32.400 Like oh, the intervention has already happened. And yet, nothing happened. 783 01:28:32.460 --> 01:28:33.600 Yeah yeah 784 01:28:34.320 --> 01:28:40.860 Exactly. So there's the Kimberley next in Case. What was the. How did that change the the 785 01:28:41.220 --> 01:28:52.140 The landscape of doing human rights work for trans folks because I know for you there. You had so many cases. After that, or even probably the same time that it would have changed your approach somehow I'm imagining 786 01:28:53.850 --> 01:28:54.810 Um, 787 01:29:02.700 --> 01:29:09.150 Or were there other pieces that you can think back that you know we're had that same that continued that trajectory 788 01:29:20.670 --> 01:29:23.550 I'm kidding. I'm hesitating because I'm 789 01:29:28.380 --> 01:29:30.000 I think the answer. 790 01:29:31.260 --> 01:29:44.730 Would be that the result of that Nixon case was that one of the things I did with it was I went off and did wrote articles and did presentations at every single 791 01:29:45.150 --> 01:30:00.510 Continuing legal education seminar there where they would have me so whenever they always put out a call for proposals and so when it was an employment related thing I would do make it possible to do something about trans rights in the in the employment contents when 792 01:30:02.220 --> 01:30:06.540 So I did. And Kimberly awesome did them with me. 793 01:30:07.080 --> 01:30:07.440 Okay. 794 01:30:09.660 --> 01:30:23.760 presentations about that case and the implications of that case. Right. So the and we did innumerable like I can. I can't tell you how many 795 01:30:24.870 --> 01:30:30.840 Speaks for Oh for women's groups or women's conferences for 796 01:30:32.310 --> 01:30:41.880 I actually asked you what happened at that social work thing was because Kimberly and I were out there at UBC for something with a similar 797 01:30:42.870 --> 01:30:58.110 Exactly like a big tension between the ante and the regularly folks and Kimberly. So, but whatever it was, whoever invited us and I, no idea who know we they're all there on that occasion. 798 01:30:58.260 --> 01:31:02.550 There was interest. Yeah. I mean, there was the rate for the folks in there was us. 799 01:31:03.090 --> 01:31:04.500 An idea. 800 01:31:04.770 --> 01:31:11.100 I know, I know. On the other hand, the only idea that was worse was to say no, like, 801 01:31:11.760 --> 01:31:16.200 Right at that time you and so 802 01:31:16.980 --> 01:31:18.690 Wow, and 803 01:31:20.790 --> 01:31:41.640 I wouldn't be able to tell you how many educational whatevers we did based on that. And that was the most important impact of that case was that people realized, I think the social impact was that people realize that there was something they needed to know when they did. 804 01:31:42.240 --> 01:31:43.260 Yes, yes. 805 01:31:43.440 --> 01:31:46.470 And that and that that meant, and they would 806 01:31:46.830 --> 01:31:51.450 Mean lawyers from where anywhere would phone me up and say, I know. 807 01:31:52.890 --> 01:31:55.920 I'm doing this case, what about this or that and 808 01:31:58.800 --> 01:32:04.770 And so that took that that was the NSA lots and lots of people wrote 809 01:32:07.770 --> 01:32:14.370 Kim Kimberly was on the was the cover model for Elle magazine fashion magazine. 810 01:32:14.640 --> 01:32:15.060 Another 811 01:32:17.310 --> 01:32:19.740 Like it. That's what I mean about 812 01:32:21.240 --> 01:32:27.060 The diffusion of the ideas from that case was really profound 813 01:32:27.660 --> 01:32:32.610 Yeah, but it was not a diffusion, particularly in the legal context. 814 01:32:32.760 --> 01:32:36.180 Right, so I continue to do work for trans people in certainly 815 01:32:36.630 --> 01:32:38.370 Human race cases for transfer 816 01:32:39.510 --> 01:32:54.240 But most of them. First of all, 95% of all human race cases are resolved in mediation. Right. And for everybody. That is the most practical outcome if you can get it because it avoids an expensive hearing 817 01:32:55.080 --> 01:32:57.660 An expensive and unpredictable. 818 01:32:58.620 --> 01:33:00.270 Hmm, of course. 819 01:33:00.510 --> 01:33:01.380 So, 820 01:33:03.570 --> 01:33:14.400 I would, I did lots of human rights cases for transfer. But I mean, up until when was the most recent one I or not very long ago maybe within the last five years. 821 01:33:16.350 --> 01:33:24.750 cuteness who was being harassed at work by she was working in a job where she was like, with some job like 822 01:33:26.250 --> 01:33:28.800 Railway maintenance or 823 01:33:30.870 --> 01:33:35.880 Something like that, where she worked alone a lot in a somewhat dangerous environment. 824 01:33:36.330 --> 01:33:40.710 And her co workers would harass her 825 01:33:41.670 --> 01:33:52.380 Hmm, and do things that were just on the border of threatening, except it was very, very difficult to dip very difficult to prove 826 01:33:52.860 --> 01:34:01.350 Course, so we went to a mediation and the very first question from the chair. 827 01:34:02.310 --> 01:34:08.640 The human rights tribunals, who happened to be a mediator in that room right 828 01:34:09.660 --> 01:34:11.760 Cuz she had surgery. 829 01:34:15.540 --> 01:34:21.240 How I'm going to guess that was probably one of those things that was being said by those co workers as well like 830 01:34:22.500 --> 01:34:32.040 But I mean that the gap, the kind of job dropping what this guy was so the the Human Rights Tribunal itself. 831 01:34:36.810 --> 01:34:37.800 had no clue. 832 01:34:39.720 --> 01:34:47.610 During a liberal during the liberal regime. They're all a little appointed, they're all government employees. Right, so they 833 01:34:49.290 --> 01:34:52.380 I use it on one occasion, I was, I did it. 834 01:34:54.990 --> 01:35:12.600 In which I made assertions about what was now the law under the Human Rights Code as a consequence of whichever case. I was talking about. And somebody, one of the lawyers from the tribunal was in the audience, and he just, he just kind of like 835 01:35:17.340 --> 01:35:17.880 Frozen. 836 01:35:18.420 --> 01:35:20.280 But also, he didn't 837 01:35:23.280 --> 01:35:24.600 First of all, you didn't know 838 01:35:25.980 --> 01:35:26.370 I'm 839 01:35:26.610 --> 01:35:32.430 In, you know. But secondly, he was not at all willing to just kind of go, Yeah, that's right. That's for 840 01:35:33.750 --> 01:35:38.310 So since the NDP appointees things have gotten better over there. 841 01:35:39.750 --> 01:35:40.380 But 842 01:35:41.700 --> 01:36:01.050 But the process remains problem extremely problematic. Yeah. So my my approach in loitering in general is that there are three prongs. There is the community and activism. There's the legal piece which is like a a fulcrum. You can sometimes insert 843 01:36:02.310 --> 01:36:14.280 Like a claim a human rights complaint and make a pretty big change with a pretty small investment right but it only works if you have also the third problem, which is the social education piece. 844 01:36:15.030 --> 01:36:18.300 So if people don't know about the case, it didn't happen. 845 01:36:19.350 --> 01:36:20.910 For all intents and purposes. 846 01:36:21.270 --> 01:36:21.960 Mm hmm. 847 01:36:22.200 --> 01:36:29.910 So you the legal work had to be grounded in the activism and the direction the activism was taking 848 01:36:31.170 --> 01:36:31.530 Be 849 01:36:33.780 --> 01:36:34.590 Viable 850 01:36:36.690 --> 01:36:40.800 And it then had to be made made known 851 01:36:41.460 --> 01:36:41.790 Right. 852 01:36:41.880 --> 01:36:46.050 And so I considered that my job was to do all three of those things. 853 01:36:47.130 --> 01:36:50.880 And that's why I was always in the men. 854 01:36:52.830 --> 01:36:54.480 Doing the educational work. 855 01:36:54.990 --> 01:37:03.570 Mm hmm. Well, it sounds as well, like that. The you the sociology training basically is is the 856 01:37:04.860 --> 01:37:14.640 The unique ingredient in in in in your in your recipe of loitering that has allowed you to have this very specific focus 857 01:37:14.940 --> 01:37:26.970 On community change and activism that you know that lawyers and activism like that. Those don't usually go together and the sounds like that's the the sociology perspective and that that just the the ethics that you 858 01:37:27.390 --> 01:37:28.290 Know feminists. 859 01:37:28.440 --> 01:37:29.250 And feminism 860 01:37:30.000 --> 01:37:33.330 Mm hmm. Yeah, I'm wrapping up and Dorothy Smith, of course. 861 01:37:34.230 --> 01:37:34.830 So, 862 01:37:37.710 --> 01:37:40.170 I'm proud to say I had tea with Dorothy last week. 863 01:37:41.370 --> 01:37:41.850 No. 864 01:37:42.150 --> 01:37:42.540 Yeah. 865 01:37:43.710 --> 01:37:44.640 We're good friends. 866 01:37:45.210 --> 01:37:50.190 Oh my goodness. I've only I've only I've only met one other person who's met her even 867 01:37:52.260 --> 01:37:52.440 Though 868 01:37:53.700 --> 01:37:56.730 Oh my goodness, what she is like just 869 01:37:57.330 --> 01:37:57.810 I know 870 01:37:58.380 --> 01:37:58.650 And I 871 01:37:59.730 --> 01:38:00.150 Was like I 872 01:38:01.290 --> 01:38:14.490 I don't get like I you know I don't care if I ever meet. I don't know, like George Clooney, but like Dorothy like I'm right now a little bit like starstruck but I'm talking to you and you just talked to her like totally starstruck. Oh my goodness. 873 01:38:14.580 --> 01:38:17.430 He's going to be 94 on your next birthday. 874 01:38:18.150 --> 01:38:21.630 Wow. And she is still supervising a thesis. 875 01:38:24.570 --> 01:38:29.520 That's so exciting. Oh, that's, that is amazing. I'm like, seriously just completely starstruck 876 01:38:29.880 --> 01:38:30.840 I know and 877 01:38:31.140 --> 01:38:45.480 I get it, I get it. And I, and I die note on on that. And then I report back to Dorothy and say another person. I just I describe it interaction with like this, where else goes really, you know, so 878 01:38:45.810 --> 01:38:57.030 I i'm so tempted right now. I'm not going to do it so real my shot but like I have this lineup of books above my desk right here. And, like, it's, it's like just it's a lineup of her books like I'm just looking 879 01:38:59.400 --> 01:39:01.950 Oh, that's, that's awesome. Yeah. 880 01:39:02.250 --> 01:39:10.620 Yeah, I, I, I'd seen a picture of her stand with lie, Frank. I remember seeing that picture as, like, Oh my goodness. There she is. Okay, well, we can't get too distracted by Dorothy. 881 01:39:10.650 --> 01:39:16.350 Yeah, totally, totally distracted. Where's my one of the questions that I have for you. 882 01:39:17.760 --> 01:39:19.260 Before we leave that topic. 883 01:39:19.680 --> 01:39:29.700 When I was in graduate school, Dorothy and I and about six other people made a co op hosts. And so we live together with her two kids and 884 01:39:31.410 --> 01:39:31.650 And 885 01:39:32.760 --> 01:39:38.340 Other people that I recruited from the co op that we set up in Kingston, and we had a Cocos 886 01:39:38.670 --> 01:39:42.150 So was this when she was, she she was still in grad school, then 887 01:39:43.260 --> 01:39:46.440 No, no, she was, she was a profit UBC, it was 1970 888 01:39:46.800 --> 01:40:01.890 So yeah, so I know I heard some this actually probably good good history record. Anyway, so I'm gonna ask um she wasn't UBC right and then she wanted to set up a gender women's studies or whatever. And she got basically booted out right 889 01:40:03.060 --> 01:40:19.080 Well, I don't know how she would describe. She then she moved from she went from UBC to Toronto to Boise she she when I was in grad school, she and have a handful. There were only a handful 890 01:40:21.540 --> 01:40:29.940 And so she and Meredith Kimball and how good Jacobson, and a couple of other folks we're working to have 891 01:40:31.080 --> 01:40:44.880 Like to wedge feminism into the academy and having a hell of a time of it as similar time that I had when I was on the top of the law. But anyway, um, 892 01:40:47.220 --> 01:40:47.640 Wow. 893 01:40:47.820 --> 01:40:49.290 That's another story. Yeah. 894 01:40:49.980 --> 01:40:52.620 That's definitely I'm going to pick your brain about that at some other 895 01:40:54.360 --> 01:40:58.950 So yeah, before I go on, what's another PC want to say about that before I answer the next piece. 896 01:40:59.460 --> 01:41:00.360 I don't think so. 897 01:41:00.750 --> 01:41:12.570 Okay. Um, one things i i'm wondering about just says you know this this trajectory. What were some of the cases that that you were, you were part of for you know that even knew about peripherally that you sort of looked at and said, 898 01:41:12.870 --> 01:41:18.720 Kind of like the next one, where there was a game changer like that. There was a there was a pivotal sort of pivotal case. 899 01:41:20.010 --> 01:41:22.200 I mean, I guess a lot of the early ones were all first 900 01:41:22.230 --> 01:41:35.670 But well, and the ones that I did. Yeah, they were offers. But one of the one of the pivotal ones was x y was the case in Ontario where which was about 901 01:41:39.000 --> 01:41:46.500 A requirement that you have set you have sex reassignment surgery before you could change your gender marker. 902 01:41:48.210 --> 01:41:48.540 Right. 903 01:41:48.600 --> 01:41:57.120 And if I'm not mistaken. Don't quote me on these years. But in that rule changed by litigation in Ontario and about 20 904 01:41:59.880 --> 01:42:01.200 Maybe 2011 905 01:42:03.030 --> 01:42:11.490 And in 2012 there's a decision by the by the immigration by refugee Appeal Board that it was 906 01:42:13.590 --> 01:42:28.230 Inhumane for another government to require that somebody have sex reassignment surgery before they got to change their birth certificate so like it was only two years be after Canada and had been doing the exact same thing. 907 01:42:28.830 --> 01:42:42.540 Right, so that that one is a big one. The other one that I is ongoing is the challenges are the challenges to gender markers on on on 908 01:42:44.370 --> 01:42:46.770 ID carry I call them carry documents. 909 01:42:47.040 --> 01:42:47.550 Hmm. 910 01:42:50.610 --> 01:43:03.540 And and i think that the direction we're going is that sex will see sex or gender will soon be treated as 911 01:43:04.620 --> 01:43:10.560 In the way we used to treat race I grace, used to be on your birth registration. It isn't any longer. 912 01:43:10.920 --> 01:43:18.450 Right and and eventually neither will neither will sex assigned at birth, except perhaps your research purposes. 913 01:43:19.980 --> 01:43:29.760 But certainly not as part of identification or carry cards and that's beginning to be broken down by litigation across the country and that is amazing. 914 01:43:30.330 --> 01:43:31.080 Yes. 915 01:43:31.620 --> 01:43:32.370 And he's gonna wear him. 916 01:43:32.640 --> 01:43:33.690 A long time now. Right. 917 01:43:33.840 --> 01:43:34.350 Oh, yeah. 918 01:43:34.620 --> 01:43:41.490 Oh yes, there's a few folks that you have a, if I recall, you have a small group of folks who were been ongoing doing this challenge. 919 01:43:41.610 --> 01:43:42.030 Yeah. 920 01:43:43.680 --> 01:43:44.490 So, 921 01:43:48.810 --> 01:43:50.730 I think that 922 01:43:54.420 --> 01:43:58.050 Well, the other thing is, there were no non binary folks. 923 01:43:59.730 --> 01:44:00.600 Visibly 924 01:44:02.760 --> 01:44:03.360 Right. 925 01:44:03.660 --> 01:44:10.710 There were no non binary folks. So for a long time that the request was 926 01:44:12.870 --> 01:44:17.340 More easily from gender Ada gender be right. 927 01:44:18.870 --> 01:44:21.780 I want there to be fewer restrictions to move from A to B. 928 01:44:23.070 --> 01:44:26.520 But non binary folks blew that up. 929 01:44:28.020 --> 01:44:33.840 In a an absolutely fabulous way, from my perspective, because 930 01:44:36.510 --> 01:44:37.950 The entire 931 01:44:39.510 --> 01:44:45.270 Certainty of of gender and sex has been utterly demolished. 932 01:44:45.360 --> 01:44:47.730 Right, and so I'm I'm 933 01:44:47.790 --> 01:44:51.840 accustomed to saying that, you know, I grew up with the verities that 934 01:44:53.580 --> 01:45:00.270 Sex was known at birth, that there were only two sexes that they were complimentary that they never changed. 935 01:45:00.570 --> 01:45:01.950 And then the moves were like 936 01:45:02.040 --> 01:45:18.480 as natural as the air you breathe and they were all wrong. Every one of them was wrong. Right. They were all mistaken. And so what it will mean when we have disrupted. 937 01:45:19.980 --> 01:45:40.890 That those conceptual structures and stopped gendering things, you know, blue sky when we stop having blue and pink blankets are pricey, but we stopped gendering practices that are pervasive now. 938 01:45:41.940 --> 01:45:45.750 Some feminists, say, but wait a minute, this 939 01:45:46.860 --> 01:46:01.620 Doesn't that mean that the men are going to, what about feminism. What about the 70%. What about the fact that women are still only paid 70 cents on the dollar, how does that, how do those things fit together. And my own view of it is that 940 01:46:05.430 --> 01:46:19.050 This development is completely consistent with the goals of feminism and that what we really have done is blown up the gendered arrangement that keeps white 941 01:46:21.570 --> 01:46:26.940 And that it's based on a fallacy. And it's not. That's funny. 942 01:46:31.110 --> 01:46:32.070 All bonds in terms 943 01:46:32.430 --> 01:46:34.140 Of an agenda. Exactly. 944 01:46:35.820 --> 01:46:39.360 Look, I'm sorry to say completely accidental but there you go. 945 01:46:41.820 --> 01:46:44.430 So that that 946 01:46:47.580 --> 01:46:50.520 Is to my mind, that's the next revolution. 947 01:46:51.870 --> 01:46:58.020 And that is already happening in many, many different ways and shapes and forms and, you know, 948 01:46:58.890 --> 01:47:15.930 And it's gone from a situation where if anybody wanted to talk about transgender rights in the workplace, they would find up me or three other people down. We've got consulting companies and law professors and you and like like people all over the place. 949 01:47:16.380 --> 01:47:19.920 In like and and that that happens so fast. 950 01:47:20.130 --> 01:47:20.520 Yeah. 951 01:47:21.000 --> 01:47:26.340 Like it happened in like it just was mind blowing. 952 01:47:27.720 --> 01:47:28.680 Mind blowing 953 01:47:30.060 --> 01:47:31.770 How quickly and how 954 01:47:33.780 --> 01:47:36.690 Like, I don't know about theories of of 955 01:47:39.330 --> 01:47:41.700 The dissemination of new ideas. 956 01:47:41.940 --> 01:48:01.470 Right, so I can't really account for how it was then that that has happened so fast that there are now 10 year university positions devoted to the study of trans issues like in in academic terms that's ginormous. 957 01:48:01.560 --> 01:48:07.500 Yeah, and there are no departments that are no longer called women's studies. They're called 958 01:48:08.550 --> 01:48:10.050 whatever they're called but 959 01:48:10.320 --> 01:48:15.900 They're called something that that recognizes that those changes. 960 01:48:16.200 --> 01:48:16.680 Mm hmm. 961 01:48:16.920 --> 01:48:19.290 And that's that's astonishing. 962 01:48:19.830 --> 01:48:26.220 Yeah, so I think that those cases, those, those 963 01:48:30.330 --> 01:48:47.100 Those gender recognition cases which have been like we settled one with the password folks on the basis that you can get an ex. Well, that's a completely useless thing. It's a completely useless result because x is puts a mark on your forehead. 964 01:48:47.970 --> 01:48:57.600 Right. However, it did have the effect of breaking apart. The, the feds absolute insistence. 965 01:48:58.800 --> 01:49:01.830 On about on a on an exclusively binary system. 966 01:49:02.340 --> 01:49:08.460 Exactly, so you know where I am younger lawyer. I was falling another human rights complaint. 967 01:49:09.570 --> 01:49:17.100 Against the passports and say, okay, now we know you. There's one province that has no gender markers on there. 968 01:49:18.570 --> 01:49:26.730 Anymore that for security reasons, you have to be able to hook it up as an identity chain. Now, what now you've got no excuses left 969 01:49:27.180 --> 01:49:29.100 Right, so 970 01:49:30.240 --> 01:49:30.720 And 971 01:49:34.380 --> 01:49:43.890 We settled. Another case with the federal government in which the agreed not to ask general questions except for it was necessary for the purpose of their operations. And they've also be done to 972 01:49:44.640 --> 01:49:52.050 You'll notice on federal forums, there's generally if there is a gender question. It's not a male, female gender question anymore. 973 01:49:53.580 --> 01:49:59.550 They show the the Human Rights Tribunal number because He's apparently not aware of this at all. 974 01:50:00.990 --> 01:50:03.030 It's a government employee employee, he should be 975 01:50:03.690 --> 01:50:04.020 Yeah. 976 01:50:04.170 --> 01:50:07.680 Well, that's that cases maybe five years ago, so 977 01:50:08.850 --> 01:50:15.900 Things change so quickly that he probably would be aware of it, know if he was still there. I don't think he's still there, but 978 01:50:17.100 --> 01:50:18.810 But you get the drift. Yeah. 979 01:50:18.840 --> 01:50:27.510 And certainly the last five years has been any that's, that's when it's become it we one of the one to call the tipping point or whatever, you know, 2014 2015 980 01:50:27.990 --> 01:50:33.090 But since then it's been a bit like I don't I don't necessarily like the tipping points. 981 01:50:33.570 --> 01:50:44.040 Narrative, but nonetheless, you know, we know what we mean. What we're saying that time and that five years since it's now like normalized to the point where you know if a tribunal member said that 982 01:50:44.340 --> 01:50:53.190 Now, like you might actually five years, like in this one, you might actually have a very different reaction. Now, in terms of what the follow up would be on that one. 983 01:50:54.270 --> 01:50:59.970 But that that that five years I think has been the the the switch from visibility into 984 01:51:00.300 --> 01:51:06.390 Actual integration in some way. I mean, I don't think trans people are fully integrated as full citizens yet. 985 01:51:06.600 --> 01:51:15.720 But, you know, back to that thing you were talking about around like what does that mean around feminist work right or around what what wouldn't limit still earning 75 cents on the dollar you know and and 986 01:51:15.960 --> 01:51:25.770 And also reasonable questions because we have to hold these things together and then say yes. And also what is trans people that are trans people earning on the dollar just this people 987 01:51:27.360 --> 01:51:32.670 I know we don't know that information, but some, some, you know, trans economist somewhere should do that study. 988 01:51:33.900 --> 01:51:38.190 Except, we've been busy saying they can't collect gender information anymore. 989 01:51:43.440 --> 01:51:49.680 It. Well, I actually, I have always said, except for research, I have not. I 990 01:51:51.690 --> 01:51:55.230 Mean I had to prove it. I had to convince the Canadian Human Rights Commission. 991 01:51:56.310 --> 01:51:57.180 Of this 992 01:51:58.440 --> 01:52:02.040 Also and yo. Yeah, I mean, 993 01:52:10.890 --> 01:52:18.360 And they were concerned in particular about losing the ability to demonstrate that women were discriminated 994 01:52:19.920 --> 01:52:22.020 Against and so 995 01:52:24.060 --> 01:52:26.040 It's a little like the all lives matter argument. 996 01:52:29.460 --> 01:52:30.150 It's 997 01:52:33.570 --> 01:52:35.640 I guess I 998 01:52:42.660 --> 01:52:44.460 I think it's, I don't 999 01:52:45.990 --> 01:52:48.660 Maybe, maybe they both are a failure. 1000 01:52:50.790 --> 01:52:56.430 But like when once I was able to say yes, that's a valid concern. 1001 01:52:58.230 --> 01:53:04.680 I agree with you that we don't want to lose the ability to figure out who is marginalized in the workforce. 1002 01:53:05.040 --> 01:53:06.960 Right and 1003 01:53:09.150 --> 01:53:13.440 And probably you agree with me. Listen, this sounds like an Evan Taylor's 1004 01:53:15.360 --> 01:53:15.930 Cheating 1005 01:53:16.380 --> 01:53:24.060 You know, probably you agree with me that that says gender people that trans people are oppressed by 1006 01:53:25.980 --> 01:53:26.220 Press. 1007 01:53:27.300 --> 01:53:30.000 I mean I carry cards with their gender marker on it. 1008 01:53:30.720 --> 01:53:31.650 Yeah, I mean certainly 1009 01:53:31.680 --> 01:53:42.930 Absolutely no reason we have we have studies that demonstrate how harmful, that is, to the trans community. It is completely unjustifiable. 1010 01:53:43.290 --> 01:53:54.360 And every data collection process in the federal government that does that has the same marginalized impact. So, you know, you would agree with me that that's a bad thing. 1011 01:53:54.450 --> 01:53:57.300 That's discriminatory. Okay. Now, how are we going to put those 1012 01:53:57.300 --> 01:53:58.230 Two things together. 1013 01:53:58.560 --> 01:53:59.160 Mm hmm. 1014 01:53:59.250 --> 01:54:00.540 So if 1015 01:54:02.730 --> 01:54:10.920 So my thinking about it is not so much in All Lives Matters problem as 1016 01:54:15.480 --> 01:54:18.210 A silo problem, right. 1017 01:54:19.590 --> 01:54:30.420 People think in silos and and if they're women and they've been educated as feminists, then you have that problem because you know 1018 01:54:33.300 --> 01:54:39.390 And then we get into identity politics and what that means and why does it such and such. But anyway, that's 1019 01:54:40.710 --> 01:54:41.970 And then we get off my new 1020 01:54:42.150 --> 01:54:56.160 Season of identity through I've identification, etc, etc, which we already know. We have an oppression issue with at the same time, exactly like you're saying. And I would say the same thing as a researcher is we need research like the 1021 01:54:57.000 --> 01:55:04.500 Only thing that proves science wrong is better science. So that's the one thing we actually can't limit is science. 1022 01:55:04.650 --> 01:55:05.190 And and 1023 01:55:05.520 --> 01:55:15.660 I don't mean you know just biological science, you know, as you know, a lot of my work, especially with Mary Bryson, it's been around how do we connect cultural competency with medical competency 1024 01:55:16.110 --> 01:55:28.770 Because you can't actually have one without the other. You know, especially in the, you know, work that we've done around that we've been doing around cancer. If you think about it like you can have all of the cultural competency in the world. 1025 01:55:30.060 --> 01:55:32.940 But if you can't cure my cancer. I'm not coming to your clinic. 1026 01:55:33.930 --> 01:55:39.990 Right, or it can't treat me and suddenly right like versa. You can have the best medical care in the world. 1027 01:55:40.170 --> 01:55:45.780 But if you're Miss gendering people if you're treating people like crap. If you're denying them service because they're the wrong gender. 1028 01:55:45.930 --> 01:55:54.990 Then you're not going to be helping their cancer. So in either Caitlin really can't have one without the other. And I think that's where the, the research becomes so important is recognizing that 1029 01:55:55.230 --> 01:56:01.650 Yeah, you know what, there are biological body markers on certain things that we can help ourselves with better medications if we get right but 1030 01:56:01.860 --> 01:56:15.780 Yes. Okay, good. Let's, let's, know that you know as trans people who argued to get access to hormones or surgery and whatever, then you know we have that access because of research and because of that kind of study and science and 1031 01:56:16.050 --> 01:56:18.870 So yeah, I completely. I completely agree with you that 1032 01:56:19.020 --> 01:56:29.610 On the day to day the idea itself at functions simply as an it's an oppressive disciplinary mechanism. It literally doesn't function for anything else other than as a disciplinary mechanism. 1033 01:56:30.240 --> 01:56:38.160 But just that like one like but we don't want to get rid of all of it because don't throw the baby out with the bathwater science is important. 1034 01:56:40.020 --> 01:56:57.000 So the other, to answer your question, the other cases, I would refer to as as a groundbreaker is the one that happened recently which is AB versus CD and that's the teenage trans kid whose dad opposed his treatment. 1035 01:56:57.450 --> 01:57:02.550 Mm hmm. As as a legal case, it is absolutely true. 1036 01:57:03.840 --> 01:57:07.380 Because it has been the law NBC in Canada for forever. 1037 01:57:07.860 --> 01:57:12.720 That once a mature minor is a you probably know this is able to 1038 01:57:14.700 --> 01:57:29.580 And effects of a medical treatments, then they are exclusively entitled to consent to that treatment, provided that the doctor has made an assessment that the treatment is in there, what is in their best interests. 1039 01:57:29.760 --> 01:57:36.570 Right, so we had a choice. We could have sued the doctors 1040 01:57:37.140 --> 01:57:37.620 As a 1041 01:57:38.070 --> 01:57:41.100 As a human rights denial 1042 01:57:41.490 --> 01:57:42.000 Rate. 1043 01:57:43.500 --> 01:57:46.590 For insisting on a second letter. 1044 01:57:48.960 --> 01:57:52.200 They actually finally sent a letter to the dad. 1045 01:57:55.050 --> 01:57:55.350 Say, 1046 01:58:00.600 --> 01:58:03.630 Know, to repeat that bit about one of the doctors saying the letter to the dad. 1047 01:58:04.110 --> 01:58:06.600 They said, unless you go to course. 1048 01:58:07.560 --> 01:58:09.240 We're going to start treatment. 1049 01:58:09.720 --> 01:58:11.670 Okay, no. 1050 01:58:13.470 --> 01:58:15.300 Interesting challenge on their part. 1051 01:58:15.690 --> 01:58:19.020 But I really, I mean they had no right to say that the 1052 01:58:19.050 --> 01:58:21.690 Child has exclusive right to consent. 1053 01:58:22.080 --> 01:58:25.200 Yeah, so they were legally wrong. 1054 01:58:25.380 --> 01:58:36.750 To do them and however this was also a dispute we well I characterized it as a dispute, a family law dispute. 1055 01:58:37.260 --> 01:58:41.220 Right between mom and dad because mum supported the kid and dad did not 1056 01:58:41.580 --> 01:58:49.080 Write to me the more than so legally. It was tried, the Court of Appeal finally decided that, yes, indeed. 1057 01:58:50.190 --> 01:58:57.690 That kid had the right to consent, just like the law with has said for you know hundred years at least. Yes. 1058 01:58:59.280 --> 01:59:00.180 But 1059 01:59:03.060 --> 01:59:19.800 What was notable is that the the vicious right wing folks have attached themselves to trans issues and so G issues in general but transitions and particularly issues for trans kids. 1060 01:59:20.610 --> 01:59:35.940 Is like their hot button issues so dad was supported first by Kerry Simpson. And then I think he had a falling out with Carrie Simpson and subsequently got hooked up with laurel entirely Thompson, who is People's Party of Canada. 1061 01:59:36.330 --> 01:59:37.950 Right. And Jen Smith. 1062 01:59:38.220 --> 01:59:38.970 Who is 1063 01:59:39.240 --> 01:59:42.810 You know, Jennifer, and they 1064 01:59:43.980 --> 01:59:57.060 Worked with dad to amplify his position in complete contravention of all the orders of the court and and wanted dad as their poster child. 1065 01:59:57.780 --> 02:00:02.160 Yeah, they're anti so G campaign so so 1066 02:00:03.390 --> 02:00:06.510 The reason or a reason that that case is 1067 02:00:08.430 --> 02:00:20.370 Important is that it is one of the first times that that it's not the first time by any means. I mean Morgana geez case was 1068 02:00:21.990 --> 02:00:26.490 Run that that coalition of the right showed up. 1069 02:00:26.910 --> 02:00:40.200 Anybody had that that kind of they are coalescing into a laser focus against trans people, and on the unnatural blah blah blah blah side of things. 1070 02:00:40.830 --> 02:00:41.400 And it has 1071 02:00:41.760 --> 02:00:46.020 Echoes of the old all gay people are pedophiles thing like we're using the 1072 02:00:47.100 --> 02:00:48.120 Same for children. 1073 02:00:48.390 --> 02:00:49.410 Yeah, completely 1074 02:00:49.860 --> 02:00:53.850 Yeah, so that is really dangerous. 1075 02:00:54.060 --> 02:00:54.630 Mm hmm. 1076 02:00:55.170 --> 02:00:55.860 And 1077 02:00:57.720 --> 02:01:00.000 Can I transfer perspective, from a race perspective. 1078 02:01:01.230 --> 02:01:02.940 It's just a really dangerous. 1079 02:01:04.860 --> 02:01:26.970 The other thing that the Court of Appeal did that was not so good was they treated all we had got a protection order which means the police can enforce it if dad breaks it saying that dad was not permitted to talk to anybody about the case, except his lawyers essentially 1080 02:01:27.450 --> 02:01:30.630 Right because he'd been going around breaching quarters. 1081 02:01:30.750 --> 02:01:33.480 So that's how we got that Order in the court of appeals 1082 02:01:35.400 --> 02:01:43.890 We don't think that that that was that was overreach. That shouldn't have happened. So instead we substitute something called the conduct order which is 1083 02:01:44.280 --> 02:01:57.810 Still a court order, but it's not a police enforcement cause and dad treated that as basically a permission to go ahead and do again that which he had been so the court of appeal. 1084 02:01:59.160 --> 02:02:03.840 Well, the good news is that the Court of Appeal recognizes Miss gendering 1085 02:02:04.620 --> 02:02:10.740 Hmm, as bad as as discipline double behavior by a parent. 1086 02:02:11.790 --> 02:02:12.840 Which is pretty big. 1087 02:02:13.500 --> 02:02:14.160 Yes. 1088 02:02:16.830 --> 02:02:33.030 The bad news is that in doing that. They kind of eviscerating the family via psychological family violence section of the family law lot. But the interesting thing about a bee vs CV is that I think is the the 1089 02:02:34.890 --> 02:02:37.980 The right wing coalescing around that. 1090 02:02:39.030 --> 02:02:50.760 And that one that's that's a new development that we didn't see like that wasn't the case in the 90s, early 2000s, that's something that's that's recent the last five, six years that that that attachment has been happening that 1091 02:02:50.820 --> 02:02:53.520 Then, so then you see this weird phenomenon where 1092 02:02:53.790 --> 02:02:58.440 Raipur leaf is on the same side of issues as People's Party of Canada. 1093 02:02:58.920 --> 02:03:00.210 Mm hmm. Yeah. 1094 02:03:00.240 --> 02:03:01.020 Very bizarre. 1095 02:03:01.440 --> 02:03:09.480 With win rate relief and Sons of Odin sit together. There's something very strange happening that is not feminist anymore. That's all I know about that. 1096 02:03:11.550 --> 02:03:26.430 It's something else and then that way, great relief, as you know, has painted themselves into a very uniquely strange political corner that no one else's it. No one else is taking up that that political territory, except them. 1097 02:03:27.120 --> 02:03:28.620 Right here in Canada. 1098 02:03:28.800 --> 02:03:29.190 Yes, but 1099 02:03:29.610 --> 02:03:41.250 It was a trans trans person from England came over and to meet with us to talk about how bc had been relatively successful in organizing 1100 02:03:42.660 --> 02:03:53.160 Because they they told us in Britain, first of all, there's no organized trans political movement and there's a big right wing 1101 02:03:54.420 --> 02:03:55.710 anti trans movement. 1102 02:03:56.040 --> 02:04:09.630 That people do not from the like I wasn't born there by all my family's from the people who are not from there do not understand how violent of a culture it is and how dangerous it is just to walk down a street Merseyside 1103 02:04:10.110 --> 02:04:17.040 Yeah, yeah. So they were talking about just that we had had so much more success in our organizing 1104 02:04:17.580 --> 02:04:19.980 And they wanted to know how we did it. 1105 02:04:21.030 --> 02:04:21.540 Basically 1106 02:04:22.350 --> 02:04:23.130 What did you say 1107 02:04:24.000 --> 02:04:24.420 Well, 1108 02:04:24.660 --> 02:04:25.800 I didn't do it through all 1109 02:04:26.040 --> 02:04:32.670 I was I was only a I I met with them and with a couple of local transfer 1110 02:04:37.050 --> 02:04:39.420 Transfer so um 1111 02:04:41.550 --> 02:04:44.010 I don't honestly. Remember, I mean, 1112 02:04:44.250 --> 02:04:46.890 I would have said to them, pretty much what I've said to you. 1113 02:04:47.610 --> 02:04:55.470 Okay, the problem and the combination of, you've got to have. You've got to have community organizing, you've got to have a legal strategy and you've got to have publicity. 1114 02:04:55.860 --> 02:05:02.940 They have a real deficit, because they don't have human rights legislation constitutionally enshrined in the way that we do. 1115 02:05:03.660 --> 02:05:08.970 So they are at a disadvantage there and organizing has been largely over 1116 02:05:10.020 --> 02:05:15.630 They say they told us that organizing was largely around class. 1117 02:05:16.650 --> 02:05:17.160 I'm 1118 02:05:17.250 --> 02:05:19.770 At political organized we've largely route class. 1119 02:05:19.800 --> 02:05:20.220 Yeah. 1120 02:05:20.280 --> 02:05:28.860 Yeah, and there wasn't really a tradition of the kind of organizing, we were talking about. So it was really an interesting conversation. 1121 02:05:29.430 --> 02:05:29.880 Yeah. 1122 02:05:30.960 --> 02:05:40.740 What I heard you to sort of talking earlier about the orders of case like that, you know, you would have taken on maybe different cases strategically. 1123 02:05:41.400 --> 02:05:55.050 Taking on that the big ones, you know that right away. What would you know, looking back, if you could have made different decisions. And what advice would you give your, your early lawyer in self in terms of how to organize and do activism. 1124 02:06:05.940 --> 02:06:06.600 Well, 1125 02:06:37.980 --> 02:06:48.510 I'm, what I'm thinking why I'm pausing is because I'm trying to think about whether or not looking back, if I'd known then what I know now what I've done. Nixon. And the answer is yes, I would have 1126 02:06:49.620 --> 02:07:12.750 And the reason is because of not because of the legal precedent, but because of the the tipping point impact that that case hands and and that is a case, which to me is a really good illustration of the importance of all the pieces of the Community piece of the legal piece and of the 1127 02:07:14.160 --> 02:07:29.520 Day. I mean, I mean when I say publicity. I mean, public education, which includes the academic academic stuff in includes on the ground stuff. It includes employer workshops. It includes the whole nine yards. You know, 1128 02:07:30.030 --> 02:07:44.610 Out on screen. Having a trans inclusion and everything so that everybody sits back and things. Oh right, we should actually think about trans people. Right. Like when I in 19 also 1993 I set up. 1129 02:07:45.840 --> 02:07:53.760 I had a conference out in with core challenges money. I had a consultation process out here called the thin 1130 02:07:56.340 --> 02:08:10.380 The thin edge of the wedge and the the premise of the conference was that the courts were using section one of the Constitution to narrow the use of equality right section. 1131 02:08:10.680 --> 02:08:14.820 Okay, but really it was an excuse to gather a few lawyers that I could 1132 02:08:14.940 --> 02:08:19.050 Offer plane fare to from across queer lawyers. 1133 02:08:22.470 --> 02:08:34.050 An organization inside the Canadian Bar Association for lesbian and gay Boyers know you understand boys are all completely 100% in the closet. Right. 1134 02:08:34.080 --> 02:08:35.520 Right, so 1135 02:08:36.600 --> 02:08:39.330 I'm Doug Elliot, who's a 1136 02:08:40.500 --> 02:08:51.540 gay boy from Toronto was also a mover and shaker. And so between the two of us we persuaded the Canadian Bar Association for the very first time to set up. 1137 02:08:52.140 --> 02:09:10.710 A group, which was not legally like not family not not copyright law, not an area of law, but an area of have been an affinity group effectively and to institutionalize that and in in having a discussion with Doug about what we call it. 1138 02:09:15.780 --> 02:09:15.990 A 1139 02:09:16.380 --> 02:09:17.340 Gender identity. 1140 02:09:19.110 --> 02:09:25.200 And sexual orientation and gender identity conference, aka a subject. 1141 02:09:26.490 --> 02:09:29.550 That was like 20 years before everybody else is calling it so 1142 02:09:31.170 --> 02:09:38.250 And Doug said to me, What do you mean, gender, gender identity. I said, well, we have to include trans people. 1143 02:09:38.880 --> 02:09:40.950 Yeah, none in Ontario, we don't 1144 02:09:42.210 --> 02:09:45.900 So what do you mean he said well trans people we don't 1145 02:09:48.780 --> 02:09:51.810 The, the communities are completely separate 1146 02:09:52.110 --> 02:10:01.140 Right. And I said, Well, that may be, but they're not separate here and and analytics and we cannot do one without the other. We simply cannot 1147 02:10:02.130 --> 02:10:02.880 And so 1148 02:10:04.740 --> 02:10:08.220 They are intrinsically linked in terms of the oppressions that they're fighting 1149 02:10:10.560 --> 02:10:21.210 So, I mean, there was lots of queer opposition or fear ignorance or queer whatever into that idea also yeah as it went along. 1150 02:10:21.600 --> 02:10:23.250 Yeah, but 1151 02:10:26.550 --> 02:10:32.340 So what I would. What I do see actually to the young lawyers who come to me and say, 1152 02:10:33.360 --> 02:10:35.700 I want to be just like you is 1153 02:10:35.730 --> 02:10:40.080 I say to them. Okay, first of all, you have to understand. You're not going to make any money. 1154 02:10:42.030 --> 02:10:42.930 If you want to have 1155 02:10:43.020 --> 02:10:45.540 Money. If you want to make money. You can't do this. 1156 02:10:45.780 --> 02:10:46.260 Mm hmm. 1157 02:10:47.220 --> 02:10:49.260 I least I don't know a way to do it. 1158 02:10:50.250 --> 02:10:51.180 Yeah, and 1159 02:10:51.810 --> 02:10:54.570 Talk to somebody else. But, but after that. 1160 02:10:54.660 --> 02:10:55.470 I was hearing 1161 02:10:55.650 --> 02:10:57.420 The business when 1162 02:10:57.810 --> 02:11:03.690 Human rights laws, not a lucrative business you are inherently working with people who are marginalized and cannot pay you. 1163 02:11:05.310 --> 02:11:15.390 For for for outcomes which in those days, like when Kimberly. Next one, the highest every award in human rights history. It was $7,000 1164 02:11:16.350 --> 02:11:18.030 That was it. At that time, wow. 1165 02:11:19.470 --> 02:11:21.600 That was after a 21 day hearing 1166 02:11:22.410 --> 02:11:23.610 Oh my goodness. 1167 02:11:24.750 --> 02:11:32.760 I remember that he was even when we did ours in 2010 YOU SAID YOU SAID YOU ASKED FOR 10 the laugh at you, but just asked for it anyway. 1168 02:11:33.810 --> 02:11:35.340 And that was just a few years later. 1169 02:11:35.520 --> 02:11:35.940 Yeah. 1170 02:11:37.050 --> 02:11:37.770 Wow. 1171 02:11:38.070 --> 02:11:39.330 Yeah, so 1172 02:11:40.020 --> 02:11:40.890 Like anyway. 1173 02:11:41.040 --> 02:11:42.480 That's that's 1174 02:11:44.280 --> 02:11:54.930 So what I do say to them, is that it is my conviction that all of those things are necessary, and that most lawyers do not do not it. First of all, don't agree. Big time. 1175 02:11:55.620 --> 02:12:04.500 Yeah, really big time. They think that a lawyer should be like a technician and we we use our legal skills that we don't have 1176 02:12:05.070 --> 02:12:19.740 Any business getting involved in the political end of things or the and maybe we do some kind of education of the profession as part of our, you know, public contribution or something. But really what we're talking about are the mechanics of the law. 1177 02:12:20.070 --> 02:12:31.290 Right. Yeah, I think that's, that's it. It's a set of rules and we just, we just follow them. And that's it. And it's, it's not. It's a static thing. It's not representative of any sort of social order or stratification. 1178 02:12:33.030 --> 02:12:33.420 Yeah. 1179 02:12:33.870 --> 02:12:34.770 And yes, it is. 1180 02:12:34.920 --> 02:12:36.480 That's somebody else's business. 1181 02:12:37.020 --> 02:12:37.860 Right, yeah. 1182 02:12:37.920 --> 02:12:39.600 Leave that to the social workers. 1183 02:12:39.660 --> 02:12:41.790 The end to the politicians. 1184 02:12:42.330 --> 02:12:44.970 Right, your job to change the law. 1185 02:12:45.540 --> 02:12:46.080 Yeah, right. 1186 02:12:48.000 --> 02:12:49.050 We're just lawyers. 1187 02:12:49.200 --> 02:12:50.640 Yeah, right. 1188 02:12:51.360 --> 02:12:52.530 So, and 1189 02:12:53.130 --> 02:12:56.400 And you still say nowadays that still like, you know, right across the board. 1190 02:12:56.970 --> 02:13:09.150 No, I don't. I think that the Charter of Rights. What, first of all, the fact that we have a Charter of Rights and that that charter of rights is no more than a generation old 1191 02:13:09.690 --> 02:13:10.440 Is 1192 02:13:11.850 --> 02:13:16.530 is hugely important in Canada and 1193 02:13:18.000 --> 02:13:24.660 It. What it means is that at this point. Most of the judges on 1194 02:13:25.890 --> 02:13:33.210 Canada went to law school after that section 15 of the Charter was part of the law of the land. 1195 02:13:33.480 --> 02:13:35.520 Okay, I went to law school before 1196 02:13:35.910 --> 02:13:36.240 Right. 1197 02:13:36.300 --> 02:13:47.880 I graduated in 76 I art. I became a member of the bar and 77 the charter was it enacted in 85 1198 02:13:48.360 --> 02:13:55.950 Gotcha. So the fact that before that there was a huge there was a 1199 02:13:57.930 --> 02:14:04.110 difference maker tried to make a piece of like a law. 1200 02:14:06.690 --> 02:14:10.710 The Bill of Rights, but the Court said, well, it's just law. 1201 02:14:11.730 --> 02:14:17.460 Any, any later enacted legislation which is inconsistent with that law has to prevail. 1202 02:14:18.660 --> 02:14:20.760 So having 1203 02:14:22.020 --> 02:14:25.050 Charter enshrined equality rights. 1204 02:14:25.320 --> 02:14:26.310 Right is 1205 02:14:26.370 --> 02:14:30.720 The is honestly Evan. The only reason 1206 02:14:31.830 --> 02:14:33.660 That we have queer rights in Canada. 1207 02:14:34.050 --> 02:14:35.940 Hmm, in the fashion that we do. 1208 02:14:37.680 --> 02:14:39.390 And is 1209 02:14:40.680 --> 02:14:58.470 The I'm I my prediction is that if things go right after the covert and not left right then governments will begin to use the notwithstanding clause Quebec has been the first to say we're going to use the not withstanding plus to prohibit 1210 02:14:59.730 --> 02:15:09.120 religious symbols today and using the urine. The government is entitled to use to say I'm an acting as a law. 1211 02:15:09.510 --> 02:15:23.250 Though I recognize that as a breach of the quality right section and I'm relying on the notwithstanding clause and the only thing that happens is that legislation has to be renewed every five years. Okay. 1212 02:15:26.100 --> 02:15:35.280 At them. It was enacted in a particularly Canadians solution to government saying, well, we can't have absolute rights. 1213 02:15:36.840 --> 02:15:43.980 And so far, and with the expectation that it would always be politically so unpalatable 1214 02:15:45.240 --> 02:15:46.860 That nobody would actually do it. 1215 02:15:47.310 --> 02:15:50.160 Right back government has now done it. 1216 02:15:51.870 --> 02:15:52.440 And 1217 02:15:53.520 --> 02:15:56.490 That case is still on appeal to the Supreme Court can 1218 02:15:57.810 --> 02:16:11.010 As soon as governments decide that they don't care. It will only take two or three times before that will become the new normal. And those rates will be will be eviscerated 1219 02:16:12.330 --> 02:16:13.920 But until that happens. 1220 02:16:15.390 --> 02:16:16.380 We have 1221 02:16:17.550 --> 02:16:22.440 Some we have a culture that is 1222 02:16:24.900 --> 02:16:31.290 Very, very significantly informed by the fact that we have chartered race. Yeah. 1223 02:16:32.460 --> 02:16:37.200 It's enabled us to do lots of court challenges that we wouldn't have been able to do before. 1224 02:16:38.460 --> 02:16:41.130 To challenge legislation is being country to 1225 02:16:42.150 --> 02:16:43.290 Equality race. 1226 02:16:44.310 --> 02:16:45.090 And 1227 02:16:51.630 --> 02:16:52.200 If things get 1228 02:16:53.610 --> 02:16:57.960 To the right after coven. What if things go to the left Africa. What do you see happening that way. 1229 02:17:00.960 --> 02:17:02.760 My, my. 1230 02:17:03.960 --> 02:17:06.900 hope and dream would be that 1231 02:17:10.560 --> 02:17:13.800 People will will begin to reimagine 1232 02:17:15.000 --> 02:17:15.600 What 1233 02:17:16.980 --> 02:17:39.000 What a society. What a kind of a society we want. And I think that that will would embody principles like a recognition of our mutual interdependence, not only with other human beings, but with animals, plants with the the biosphere. 1234 02:17:39.660 --> 02:17:42.390 In a way that is much, much 1235 02:17:42.420 --> 02:17:49.830 Much more richly understood in the ways that indigenous people understood those connections. 1236 02:17:51.150 --> 02:17:53.190 That we will 1237 02:17:55.260 --> 02:17:57.510 That the values of caring 1238 02:17:58.560 --> 02:17:59.580 And sharing 1239 02:18:00.930 --> 02:18:11.280 And interdependence will mean that, and it would have to mean that you stop destroying the earth. 1240 02:18:11.760 --> 02:18:12.360 For example, 1241 02:18:13.170 --> 02:18:19.050 And that that would will open a space to reimagine 1242 02:18:21.750 --> 02:18:25.470 How we live together collectively and economically. 1243 02:18:27.630 --> 02:18:41.790 And I don't have any idea what the practicalities of that would be. But I do, I do watch during. Cool. Good. The springing up of locally based 1244 02:18:43.830 --> 02:18:46.440 Of. First of all, local, local economies. 1245 02:18:47.370 --> 02:18:49.530 Share it like sharing as opposed to 1246 02:18:49.620 --> 02:18:51.990 monetized economies. Yeah. 1247 02:18:52.200 --> 02:18:55.110 Together with technology solutions like this one. 1248 02:18:55.800 --> 02:19:04.320 Huh, and that that's and and the fact that work has suddenly been possible. Suddenly, yeah. 1249 02:19:06.300 --> 02:19:08.430 Yeah, yeah, it's no longer a question. 1250 02:19:09.000 --> 02:19:11.010 Mm hmm. It's, it's a given 1251 02:19:12.240 --> 02:19:16.350 So the notion of what quote work means 1252 02:19:17.820 --> 02:19:20.430 has already taken this huge 1253 02:19:22.110 --> 02:19:25.740 And i mean i my prediction is regardless of which direction we go 1254 02:19:28.200 --> 02:19:32.160 Employers I'm going to stop paying for office space. 1255 02:19:33.390 --> 02:19:41.220 thousands of workers. Instead, they're going to offload that expense to people who are going to be expected to work from their bedrooms. 1256 02:19:42.060 --> 02:19:42.600 Right. 1257 02:19:42.810 --> 02:19:44.220 Which is a very weird thing. 1258 02:19:45.720 --> 02:19:46.080 About 1259 02:19:47.130 --> 02:19:56.250 You know, but and and that in turn means something really different for employment relationships for 1260 02:19:59.310 --> 02:20:04.920 For soup quote supervision for innovation for all kinds of things. 1261 02:20:05.430 --> 02:20:06.600 Right, so 1262 02:20:08.760 --> 02:20:13.380 I'm, I'm actually beginning to work on a project with a lawyer from 1263 02:20:16.590 --> 02:20:27.030 capturing some of the insights that people are getting from covert right and and trying to work towards ways of 1264 02:20:30.270 --> 02:20:42.930 Well, first of all, capturing the wisdom that we are generating and the image we have is of the mycelium, you know, under the underground, the underground of mushrooms. 1265 02:20:43.830 --> 02:20:53.010 Have lives underground and a scroll a little teeny sprout and all of a sudden between there's a big mushroom. So right now we're at the underground systems. 1266 02:20:53.880 --> 02:20:54.450 What is that 1267 02:20:55.230 --> 02:20:58.050 I think it's called mycelium but I might be wrong. 1268 02:21:01.470 --> 02:21:02.310 So, 1269 02:21:03.720 --> 02:21:07.860 We're, we're trying to we're coming up with a ways of 1270 02:21:11.760 --> 02:21:28.530 Making that more visible and more shareable so that we can, we don't lose those ideas as as regular life washes back over the experience we just had and makes it something like a vacation that you forget three months after he went on it, you know. 1271 02:21:29.820 --> 02:21:30.540 So, 1272 02:21:32.670 --> 02:21:38.430 I think this is a moment of opportunity for sure. And we can use it. 1273 02:21:40.800 --> 02:21:44.310 Looking looking ahead on specifically looking at that. 1274 02:21:44.910 --> 02:21:49.980 At the trans youth that you work with. Now, or, you know, and one of the things that I find interesting about this with 1275 02:21:50.250 --> 02:21:55.710 This work is that it's inherently intergenerational you know you're not going to have 20 year olds doing oral histories with each other. 1276 02:21:56.190 --> 02:21:57.750 Nor are you going to have a two year olds doing all that 1277 02:21:58.170 --> 02:22:03.120 So there's always going to be someone you know like there's going to be somebody who's gotten to a place in 1278 02:22:03.390 --> 02:22:13.890 In their qualifications, like I have now that I'm able to do a project like this to collect this information and it's going to be with people who are older than me and I'm doing it to preserve it for a generation younger than me. 1279 02:22:14.190 --> 02:22:26.370 And, you know, certainly when I was, you know, first thinking about trans issues, you know, there was the one little shelf in the library sort of thing. And now we have the trans archives that takes up a football field behalf, you know, 1280 02:22:26.910 --> 02:22:33.840 We've got you know so much has changed in that way and and i think it's going to be this, the work that we're doing here. Um, 1281 02:22:34.530 --> 02:22:41.490 It's, it's so important because it's the first time in history that has ever been able to be done. We've never before in history had 1282 02:22:42.000 --> 02:22:58.440 Two generations of trans people alive at the same time to be an out enough to have these conversations. And so I think that this is generational pieces is fascinating for me. And so one things I want to ask you about is thinking about the generation of 1283 02:22:59.550 --> 02:23:11.970 Kids adolescents right now who were in their teens or you know whatever that early, you know they're they're just about to kind of grow up and become their own personalities, whatever, that's going to be 1284 02:23:12.690 --> 02:23:24.270 And thinking about for those folks. What do you think it's going to be like for them in 20 or 50 even 100 years what what do you think is going to change for trans communities for trans people. 1285 02:23:24.840 --> 02:23:31.980 As a, as a, as a generational cohort in ways that you and I haven't seen or might not even be around to see 1286 02:23:34.200 --> 02:23:34.770 Um, 1287 02:23:35.910 --> 02:23:37.140 I think that 1288 02:23:38.610 --> 02:23:44.940 Gender in the way that you and I understand it, have been taught it male, female, blah, blah. 1289 02:23:46.260 --> 02:23:52.380 Is going to stop being a major signifier. 1290 02:23:53.790 --> 02:23:54.480 And 1291 02:23:56.040 --> 02:23:57.600 That it's 1292 02:24:00.420 --> 02:24:02.280 Almost impossible for 1293 02:24:03.330 --> 02:24:06.540 Us and and for this purpose. I'm including you. 1294 02:24:07.980 --> 02:24:12.390 To imagine a world in which gender is not a signifier. 1295 02:24:14.190 --> 02:24:16.950 And you know where where 1296 02:24:18.150 --> 02:24:21.600 male body. People have children, and that is unremarkable. 1297 02:24:23.160 --> 02:24:24.090 Where 1298 02:24:25.920 --> 02:24:26.970 People's gender. 1299 02:24:28.530 --> 02:24:31.140 Expression gender identity is fluid. 1300 02:24:32.400 --> 02:24:34.170 Where people quit asking 1301 02:24:34.620 --> 02:24:35.400 For humor. 1302 02:24:36.420 --> 02:24:48.750 Where, perhaps, everybody has shifted today as the kind of generic and nobody uses honorifics anymore and it just has fallen away. 1303 02:24:49.290 --> 02:24:56.490 Hmm, in a manner that will make our world, seeing quaint 1304 02:24:57.060 --> 02:24:59.520 Um, and 1305 02:25:01.170 --> 02:25:01.980 The 1306 02:25:09.210 --> 02:25:19.680 You know, for example, in terms of sexual orientation. We don't have a word for being attracted primarily to trans people right there just is no word 1307 02:25:20.070 --> 02:25:29.880 But what the fuck that means your whole entire concept of sexual orientation is is at its base irredeemably flawed. 1308 02:25:32.940 --> 02:25:36.600 Because it's based on some sense of opposites. 1309 02:25:38.820 --> 02:25:43.770 You know, it's, I mean it either use an opposite sex attraction or it's the same sex attraction. 1310 02:25:44.070 --> 02:25:49.080 Well, if you don't have those people. If you don't have the opposites to work with. 1311 02:25:49.560 --> 02:25:54.180 Your conceptual structure of sexual orientation vanishes. 1312 02:25:54.570 --> 02:26:09.360 Exactly. So you see what I mean. This is kind of back to where we started about none not being very attached to ideas of my sexual orientation or gender identity because I don't think those ideas are going to be around all that much longer. 1313 02:26:09.630 --> 02:26:13.620 Mm hmm. And so I'm really go ahead 1314 02:26:14.250 --> 02:26:20.250 I there's a conference and you know you probably know that the gender Odyssey conference that back you know 1315 02:26:20.760 --> 02:26:28.950 15 years ago used to be the MDM conference. And I remember going to the every year there was a workshop called 1316 02:26:29.610 --> 02:26:36.060 What do we call people who are you know do our track differently. And there's always a workshop for like partners about this and it was it was 1317 02:26:36.330 --> 02:26:49.860 Fascinating because they they think would come up with were like transsexual was their favorite what they came up with that every year it was brand new, every year, but it wasn't that there wasn't a word that they couldn't find what it was, was that you had these this this 1318 02:26:51.750 --> 02:27:01.470 Thing that was happening in the community where you had a lot of people saying, I am so bloody offended that someone would be attracted to trans people. 1319 02:27:01.980 --> 02:27:13.020 And I remember someone saying and I felt my heart went out to him because I felt his own his pain, but I didn't agree. And he said, well, that's like being attracted to someone who has cancer. 1320 02:27:14.700 --> 02:27:21.180 And I, I felt I felt I felt his pain of its own internalized you know 1321 02:27:21.300 --> 02:27:27.000 dysphoria. Yeah. Fans phobia, all of that I could feel him. And he's like, this is a birth defect. 1322 02:27:27.210 --> 02:27:31.680 This is why would be attracted to that. And he was so offended by is like that. That's not okay and that's 1323 02:27:31.980 --> 02:27:39.570 So you had this there was always this resistance with them the trans community themselves saying we don't want people to be primarily attracted to us. 1324 02:27:40.020 --> 02:27:47.340 And I remember at that point for me. I had a very, it was, it was one of these town hall meetings and I and I stood up and I just said. 1325 02:27:47.790 --> 02:27:56.100 I understand that people have a lot of pain around the dysphoria. And you know their experiences of their body and transmits. I get that. I'm not trying to discredit it 1326 02:27:56.700 --> 02:28:05.370 But I am absolutely fine. If people want to objectify me as a trans person, please do. Please be attracted to me only because I'm trends. I would love 1327 02:28:06.000 --> 02:28:12.090 How about the actual viable sexual attraction, like we know what furries are we know what you know. 1328 02:28:12.180 --> 02:28:22.200 If people can be a trend. We don't pedophilia is how can we not just allow the possibility that trans people are a sexual attraction that that can be 1329 02:28:22.680 --> 02:28:30.360 And it really changed. I remember people like you know clapping was a big thing. People really happy about it because I think we, I was voicing something that 1330 02:28:31.170 --> 02:28:45.990 I mean, this was 15 years ago 12 years ago and I was voicing something. I don't think anyone had said yet because we were all still worried. We didn't want to be, you know, objective. I've been awful ways. But, you know, sometimes it's sexy. 1331 02:28:47.130 --> 02:28:47.310 And 1332 02:28:48.300 --> 02:28:53.670 If it's not, if, if we don't play with our gender, you know, for fun, then what are we doing you know better be fun. 1333 02:28:54.060 --> 02:29:08.250 And so it was it was a it was, I think, a shift. So I love that you're saying that because here we are still 15 years later, and we don't have a word and we're probably not going to have a word. By the time the idea of sexual orientation expires, as 1334 02:29:08.310 --> 02:29:11.310 Well, and it's already expired. The other way, it's expired is 1335 02:29:12.150 --> 02:29:20.760 If you have two lesbians and one of them transitions. There's this whole thing this whole identity crisis. Oh my god. Does that mean I'm heterosexual 1336 02:29:21.120 --> 02:29:23.160 Yeah, and it's like 1337 02:29:23.280 --> 02:29:23.790 Why do you 1338 02:29:24.510 --> 02:29:28.350 What are you talking about, like, so the words are wrong. Like, it's not 1339 02:29:30.120 --> 02:29:50.700 Like it just the whole bottom is falling out of that conceptual organization all together. It's just useless and I was talking to a trance friend of mine the other day about how they deal with Tinder and grinder and stuff and and what how people treat the fact that they're trans 1340 02:29:52.920 --> 02:30:00.600 You know, and being a I mean I'm definitely not of the tinder, grinder generation. So I'm a 1341 02:30:00.600 --> 02:30:12.510 Complete novice in that field. And they were explaining to me how that works and and their own experience with it and I and we we 1342 02:30:14.520 --> 02:30:18.930 We have a lot of conversations about generational differences about the ways in which 1343 02:30:20.670 --> 02:30:26.850 And I said, oh my god. Talk about a cultural divide. I've never done online dating ever 1344 02:30:27.720 --> 02:30:29.550 Night and 1345 02:30:32.250 --> 02:30:37.680 I've never had the experience of having trans people in the dating pool. 1346 02:30:38.310 --> 02:30:39.090 Right. 1347 02:30:39.210 --> 02:30:44.160 Right, you know, and they like it just profoundly different 1348 02:30:44.880 --> 02:30:47.070 And my sense from them of 1349 02:30:47.310 --> 02:30:49.530 Their experience was that 1350 02:30:50.580 --> 02:30:51.990 Being trans was 1351 02:30:53.910 --> 02:31:07.950 No more or less of an issue that although there were some creeps. There were creeps. Anyways, and that they didn't seem to be creepy particularly about the transports 1352 02:31:09.360 --> 02:31:11.970 They weren't they weren't friends creepy specific. It was just creepy. 1353 02:31:12.330 --> 02:31:13.380 Yeah yeah 1354 02:31:13.620 --> 02:31:17.880 Yeah, and and and i and i found that really, really, really interesting. 1355 02:31:18.000 --> 02:31:21.900 Because now I see that's exactly where I think the cultural change is going to happen. 1356 02:31:22.350 --> 02:31:26.430 Right is on is on those websites. That's where it's happening. 1357 02:31:27.150 --> 02:31:38.040 Mm hmm. And, I mean, we don't even know in 1500 years people might be not might not even be a thing anymore. I mean, who knows what they're going to be able have screens and planted on our forums or something and you 1358 02:31:38.070 --> 02:31:39.000 Went over. Yeah. 1359 02:31:39.840 --> 02:31:45.930 What, what are some things that you know that you would want. So, you know, somebody's going to be listening to this and 50 or 100 years and 1360 02:31:46.650 --> 02:32:01.140 And maybe watching us and. And so in this 1500 years this trends person who may or may not understand themselves as trans or use that language or even understand the category. But will there will be people who are 1361 02:32:02.580 --> 02:32:08.010 Some verse subverting the cultural norms, no matter what that that'll happen what 1362 02:32:08.490 --> 02:32:15.000 What values what ethics, what, what do we know today about trans people about gender or sexuality, any of these things. 1363 02:32:15.270 --> 02:32:27.600 What do you, what do we know now that you would hope that that we actually hold on to. And then 50 or hundred years. There's a value in ethic good an idea. What are the ideas that you think are worth that you would want the person who's going to be listening. 1364 02:32:28.290 --> 02:32:31.350 To to remember where to know where to hold on to what's important to you. 1365 02:32:33.000 --> 02:32:35.850 Well, that takes me into the anti oppression work that I 1366 02:32:35.850 --> 02:32:36.360 Do 1367 02:32:37.740 --> 02:32:38.370 And 1368 02:32:40.950 --> 02:32:42.630 I'm learning privilege. 1369 02:32:43.980 --> 02:32:44.400 And 1370 02:32:47.280 --> 02:32:50.370 What I would say is, first of all, 1371 02:32:51.930 --> 02:32:56.610 For all of us, our identities are not something that we make up all by ourselves. 1372 02:32:56.970 --> 02:32:59.250 Our identities are reciprocally constructed 1373 02:32:59.250 --> 02:33:01.530 Between us and the culture we live in. 1374 02:33:02.640 --> 02:33:16.830 And figuring out what part of your identity is somehow quote you, and what part is culturally either mandated or suggested or permitted or forbidden. 1375 02:33:17.940 --> 02:33:21.150 Is an really important exercise. 1376 02:33:22.260 --> 02:33:28.650 And it is a matter of coming to personhood right to to 1377 02:33:30.030 --> 02:33:31.740 Make those 1378 02:33:32.760 --> 02:33:34.470 Assessments for yourself. 1379 02:33:37.800 --> 02:33:51.360 You can be assisted by hearing from folks who have had to find places in the culture, which were not initially permitted to that. 1380 02:33:52.710 --> 02:34:02.640 And in, in, and so any history of marginalized people will be valuable for anybody who is being 1381 02:34:04.140 --> 02:34:15.930 For whatever reason, because it will be a history of resistance that includes always a piece of learning to 1382 02:34:16.590 --> 02:34:45.630 throw off the cultural norm of your unacceptability and seize upon your own worse and Valley and resilience and to resist the culture and create a space for yourself in doing that always that always involves a process of finding other people who like you 1383 02:34:46.170 --> 02:34:47.550 Have been marginalized. 1384 02:34:48.120 --> 02:35:07.860 And fight and by it's only by talking to each other that you will be able to find what parts of your experience are common to being marginalized. For that reason, what parts of your experience are from some other place, but it is only you can't resist one at a time. 1385 02:35:09.060 --> 02:35:15.690 You have to resist. You have to learn resistance. You have to learn who you are in community. 1386 02:35:16.980 --> 02:35:18.930 And so community is essential. 1387 02:35:19.710 --> 02:35:25.230 The thing about community is that as soon as you create a week. 1388 02:35:27.000 --> 02:35:28.770 Which is indispensable. 1389 02:35:30.690 --> 02:35:33.390 You necessarily create a day. 1390 02:35:34.710 --> 02:35:47.460 Right. And it the they may may meet maybe the culture. You are resisted the bad day. The day who have the power over you. 1391 02:35:48.780 --> 02:36:00.750 But it may also be and this is what you have to guard against that you have created a we that excludes and marginalizes someone else right 1392 02:36:01.710 --> 02:36:17.010 And so, you not only need to be looking out for your own place as a marginalized person and your resilience and your resistance against that but also to the ways in which your struggles 1393 02:36:17.670 --> 02:36:26.370 Are connected to other struggles and have potentially damaging consequences for other struggles and so 1394 02:36:27.780 --> 02:36:34.890 The work has to be done, not only in community but across communities and across differences. Mm hmm. 1395 02:36:36.180 --> 02:36:36.390 Well, 1396 02:36:36.660 --> 02:36:37.350 Good, I would say. 1397 02:36:37.890 --> 02:36:47.580 Uniform beautiful advice. I had to have this an image while you were talking about, about the you know the circle right now when we draw a circle. There's an in and out. 1398 02:36:48.510 --> 02:37:01.710 There's no other way around it. That's how it works. And we have to be. I love that idea of being constantly aware of whether you're in or out of the circle and, especially, who is out of that circle. And what does that mean for them is 1399 02:37:01.890 --> 02:37:03.300 This notice that you said 1400 02:37:03.570 --> 02:37:05.010 There's no other way around it. 1401 02:37:06.510 --> 02:37:07.080 Nice. 1402 02:37:10.080 --> 02:37:11.460 Thanks. So, would be a fallacy. 1403 02:37:15.270 --> 02:37:27.930 I have a couple of other questions for you that there's really just one that's important to me to get to. And so is there other other pieces of your work or activism. You know that I haven't asked about that. You want to make sure that we're getting on on the recording today. 1404 02:37:30.210 --> 02:37:35.100 I might think of something afterwards but no at this moment. My brain is not remembering any other things. 1405 02:37:35.400 --> 02:37:42.480 Well, if you if you think something afterwards we can always set up a quick video or you can just send it to me and I can do an addition sort of on the on notes. 1406 02:37:43.050 --> 02:37:53.460 And so I've asked you all of my, my, my favorite questions except for one and I asked this one of every single person that I interview and and i think it's an important 1407 02:37:53.970 --> 02:37:59.160 IMPORTANT PIECE. Because what I want to know is about about your legacy and 1408 02:37:59.760 --> 02:38:07.770 We, you know, we live in these uncertain times as the new cliche and really it's you know it's it's so uncertain, you know, at any given time. 1409 02:38:08.370 --> 02:38:16.560 Whether it's cold it or not any of us could get hit by a boss right like life happens or death happens. So if you died tomorrow. Right. 1410 02:38:17.250 --> 02:38:36.300 Hopefully not, please be safe. But, but, you know, life happens. And so if or when you know you're not with us anymore. How do you want to be remembered what is, what is the legacy that you that you want to leave and you want people in 50 or 100 years to say, oh, Barbara Finley I know 1411 02:38:37.560 --> 02:38:39.690 What do you want to be, what, what's that legacy 1412 02:38:40.470 --> 02:38:42.510 I have no expectation 1413 02:38:42.630 --> 02:38:44.640 At all that 1414 02:38:46.770 --> 02:38:57.450 A generation from now, there will be anybody who remembers Obama personally and and that's okay. And I think that 1415 02:38:58.680 --> 02:38:59.640 Um, 1416 02:39:11.190 --> 02:39:14.070 If we collectively have a legacy and the 1417 02:39:20.520 --> 02:39:21.510 So collectively mean 1418 02:39:23.370 --> 02:39:28.920 We know we here would be the we have the clear activists, so my life. 1419 02:39:30.930 --> 02:39:33.720 Including the clients because 1420 02:39:35.520 --> 02:39:41.370 That work is always done at the expense of and with end in collaboration 1421 02:40:00.090 --> 02:40:03.900 I guess probably the lesson is something like resilience 1422 02:40:04.110 --> 02:40:16.200 Hmm, that that in the ways and we find different and better ways as we go along the bow about how to 1423 02:40:17.220 --> 02:40:23.010 Nurture and and be resilient in the face of oppression. 1424 02:40:24.450 --> 02:40:25.290 That 1425 02:40:33.450 --> 02:40:35.490 You know, if, if there was anything 1426 02:40:36.840 --> 02:40:40.440 I guess that's what I would say I would like to see 1427 02:40:41.100 --> 02:40:41.940 Anything in the way 1428 02:40:42.630 --> 02:40:46.920 And anything I'd like to see if I could come back in 25 years 1429 02:40:47.220 --> 02:41:01.950 I want to be a bunch of folks who were who were resilient and and joyful in their opposition to any kinds of oppression, who were committed to sharing and caring and laughing together. 1430 02:41:02.340 --> 02:41:03.300 Who were 1431 02:41:04.590 --> 02:41:08.640 Who were on defeated by 1432 02:41:11.760 --> 02:41:18.450 By Power Man by oppression and that those 1433 02:41:19.620 --> 02:41:25.050 That that kind of resilience sometimes seem to be 1434 02:41:25.890 --> 02:41:30.510 So seems far away almost too, sometimes. It almost seems to die. 1435 02:41:31.290 --> 02:41:32.400 Mm hmm. 1436 02:41:32.910 --> 02:41:35.610 But it almost always comes back. 1437 02:41:36.390 --> 02:41:37.980 Yeah, so 1438 02:41:40.950 --> 02:41:46.500 That would be what I would hope to see when I came back, but I certainly I have no I have no 1439 02:41:48.270 --> 02:41:52.440 Particular interest in being somebody who is 1440 02:41:54.420 --> 02:41:54.750 I 1441 02:41:57.690 --> 02:41:58.080 Cannot have a 1442 02:41:59.280 --> 02:42:00.180 Meeting someone who 1443 02:42:01.200 --> 02:42:04.500 Has never been my goal to be somebody whose name would be remembered. 1444 02:42:04.710 --> 02:42:07.920 You remember well it will be its in its in 1445 02:42:08.040 --> 02:42:08.670 Its no 1446 02:42:09.810 --> 02:42:11.280 No. No, it won't. Devon. 1447 02:42:11.490 --> 02:42:18.090 It won't maybe some of us will be remembered for some period of time 100 years from now. 1448 02:42:19.170 --> 02:42:22.290 Almost none of us will be remembered by name. 1449 02:42:24.750 --> 02:42:34.410 And that's okay. We don't remember people from 100 years ago I feel I mean that insight actually came to me when I was about 15 1450 02:42:35.160 --> 02:42:44.280 Hmm, and it it it kind of went, I kind of went, ding, ding, ding, not something to be hoping for it because it's not there. 1451 02:42:45.060 --> 02:42:47.700 Ain't not something to be working for 1452 02:42:48.210 --> 02:42:48.690 Mm hmm. 1453 02:42:48.720 --> 02:42:53.430 Like what a stupid thing to work for, to my mind, 1454 02:42:54.120 --> 02:42:54.900 Right, so 1455 02:42:55.470 --> 02:42:57.360 You wouldn't be here to enjoy it so 1456 02:42:59.670 --> 02:43:00.120 Anyway, 1457 02:43:00.600 --> 02:43:01.200 Make sense 1458 02:43:01.500 --> 02:43:12.000 Yeah, well, Barbara. And this has been an fabulous few hours, I've really enjoyed chatting with you. I don't think I've gotten to, you know, have this kind of nice personal chat with you before. 1459 02:43:12.390 --> 02:43:14.610 You agree. Yeah, I've really enjoyed it too. 1460 02:43:15.030 --> 02:43:18.420 I have to say at this moment. I really, really, really have to pee. 1461 02:43:19.200 --> 02:43:22.020 Well, I'm gonna let you go paint. Thank you so much for your 1462 02:43:22.350 --> 02:43:31.680 Incredible wisdom, I think your, your, your three part recipe for activism and then change making is is probably going to be that that thing that people will remember, and that when they look up this 1463 02:43:32.100 --> 02:43:36.570 Look up this this history in 50 or hundred years. I think that advice is going to stand the test of time. 1464 02:43:37.080 --> 02:43:37.770 Thanks, Devon. 1465 02:43:38.070 --> 02:43:45.000 And you're good on you. Good for you. Thank you so much for the work you're doing. It's fabulous. It's so important. 1466 02:43:45.270 --> 02:43:52.170 All it's on the on the shoulders of people like you who made that change for me to be even able to do this work. 1467 02:43:52.200 --> 02:43:56.430 And there you go. And when we stand on each other's shoulders is what an image. 1468 02:43:58.470 --> 02:43:58.890 For now. 1469 02:44:00.090 --> 02:44:00.690 Bye bye. 1470 02:44:01.080 --> 02:44:01.680 Hi, Barbara.