A Surrey landlord has been ordered to pay an Indigenous former tenant $23,300 for not letting her smudge in the basement suite she rented from him, with $20,000 of that in compensation for 香蕉视频直播渋njury to her dignity, feelings and self-respect.香蕉视频直播�

Crystal Smith, of the Tsimshian and Haisla First Nations, lodged a human rights complaint against her landlord Parminder Mohan, claiming in 2017 he discriminated against her based on her ancestry, race, place of origin and ancestry.

British Columbia Human Rights Tribunal member Pamela Murray, in finding the complaint 香蕉视频直播渏ustified,香蕉视频直播� also orderedMohan to pay Smith an additional $1,500 to cover lost wages for time she missed from work for having to move, 香蕉视频直播渂ecause of stress from the situation,香蕉视频直播� and $1,800 for expenses 香蕉视频直播渋ncurred as a result of the contravention,香蕉视频直播� namely obtaining 香蕉视频直播渆xpert evidence,香蕉视频直播� for a total penalty of $23,300.

香蕉视频直播淥verall, I find the nature of the discrimination serious and favours a fairly significant reward,香蕉视频直播� Murray concluded.

She also ordered Mohan to pay interest on the amounts until they are 香蕉视频直播減aid in full, based on the rates in the Court Order Interest Act.香蕉视频直播�

香蕉视频直播淚n my view, a policy that prohibits an Indigenous tenant from smudging entirely due to concerns about 香蕉视频直播榥uisance香蕉视频直播� or 香蕉视频直播榩roperty damage香蕉视频直播� unless they can persuade their landlord the smudging would not create a risk of nuisance or property damage would adversely impact Ms. Smith and persons with her protected characteristics in and of itself,香蕉视频直播� Murray wrote in her .

Smith had sought $30,000 in compensation for injury to her 香蕉视频直播渄ignity, feelings and self-respect,香蕉视频直播� $1,870.23 for lost wages and $1,800 for expenses, for a total of $33,740.23.

Murray heard from nine witnesses over four days.

Smith is a teacher with a master香蕉视频直播檚 degree in educational administration and leadership, specializing in Indigenous leadership, and is a single mother with two children.

Mohan is a realtor who owns several rental properties, including the duplex Smith was staying at. He denied any discrimination.

香蕉视频直播淚 think is is fair to say that we all hope for a home and for it to be a respite from the larger world, a place to restore ourselves, and a place where we can expect to be left alone, whether under the Residential Tenancy Act香蕉视频直播檚 right to 香蕉视频直播榪uiet enjoyment香蕉视频直播� or simply as a human right in the general sense,香蕉视频直播� Murray remarked.

Smith testified that she smudges by lighting sage in an abalone shell and fanning it with an eagle feather to make smoke, and that smudging cleanses one of negative energy.

At an earlier hearing, Smith told the tribunal she regularly smudges and had been doing so for more than 13 years in keeping with her family香蕉视频直播檚 culture and spiritual beliefs. She said she smudged in other residences without incident. Following that hearing, B.C. Human Rights Tribunal member Catherine McCreary decided her complaint should proceed to a hearing.

香蕉视频直播淢r. Mohan seems to be taking the position that the smudging was not genuine but used to cover the use of marijuana,香蕉视频直播� McCreary noted in her

香蕉视频直播淢s. Smith denies that this is the case.香蕉视频直播�

McCreary heard the tenant and landlord had signed a residential tenancy agreement on Dec. 4, 2016 for a basement suite that is one of four rental units in a duplex Mohan owns. Among the terms listed were no smoking or drugs in the building, including medical marijuana, that 香蕉视频直播渟melly foods must be cooked outside香蕉视频直播� and that the 香蕉视频直播渢enant will not disturb other tenants with noise or nuisance.香蕉视频直播�

Mohan told the tribunal that the smell was 香蕉视频直播渞eally strong香蕉视频直播� in the upstairs unit, that it made him feel sick, and that he told Smith as much. He claims she told him: 香蕉视频直播淲ell I香蕉视频直播檓 sorry that is making you sick but sage is used for cultural purposes and I will be using it often.香蕉视频直播�

McCreary noted that Mohan 香蕉视频直播渃oncluded that Ms. Smith did not care for his health or well-being. He said that he is not going to compromise his health.香蕉视频直播�

The tribunal heard Smith moved out on June 15, 2017 after Mohan served her with three eviction notices 香蕉视频直播� the third being a two-month notice that the basement suite would need to be vacated for renovation 香蕉视频直播� and refused to take any more rent cheques from her.

tom.zytaruk@surreynowleader.com
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