This time, a (surprise!) woman of colour named Kamal, a caretaker in Jessica Yaniv Simpson’s strata, has been targeted for a clearly racism-driven lawsuit, and, if JY had their way, imprisonment.
UPDATE! October 18, 2021, JY posted this!
On October 16, 2021, JY posted this to Twitter.
In case you can’t read the text in the picture of JY’s computer (since this tech wizard is clearly too stupid to know how to take a proper screenshot), it says:
- cut off at the top
- (quoting the Prevention of Cruelty to Animals Act), a service animal means (b)for use (i)by a person within a prescribed class of persons, or (ii)for prescribed purposes, and that is engaged in activities relating to the service for which it is trained;
- (quoting the Prevention of Cruelty to Animals Act) 23.1 (1)A person must not do, or attempt to do, any of the following without lawful excuse or authority: (a)harm a service animal; (b)touch, directly or indirectly, a service animal; (c)interfere with or obstruct a service animal.
- (quoting the Prevention of Cruelty to Animals Act) 24.1 A person who commits an offence under this Act is liable on conviction to a fine not exceeding $75 000 or to imprisonment for a term not exceeding 2 years, or to both.
- “Kamal, at all material times has violated this Act under numerous occasions by 1) interfering and obstructing a service animal, 2) attempting to touch and 3) harm a service animal.
- “I will most likely be seeking an order in the Small Claims or Supreme Court of BC to have Kamal convicted under this Act to receive imprisonment for a term not exceeding two years.
- “At all material times the assistance animal is in task mode and is a vested service dog that is visually described as “Service dog in training”.
JY’s Twitter rant was met with the usual laughter and mockery. He added these tweets:
Good luck Jon.
We consulted our legal expert on this, especially with regards to whether or not JY could land poor Kamal in prison. The short answer is no.
The long answer is it’s theoretically possible but realistically it would never happen. Via the tribunal path (which is screenshot suggests), JY would need an order that Kamal does something – stop abusing the dog, pay damages, etc. Then Kamal would need to ignore it, and JY would have the tribunal issue an order to her again saying she has to change. Should Kamal continue to “abuse the dog”, JY could seek a Supreme Court order forcing Kamal to stop. If Kamal continues this cycle – refusing to change, being ordered to change, refusing to change, being ordered to change – eventually a Judge could order an imprisonment term.
JY could also try the private prosecution path (which he said he was doing on Twitter), but he’s filed +/- 20 private prosecutions in the past and all have been tossed. We’ve covered how private prosecutions work in the past, and JY is clearly in over his head. You CAN file a private charge, but they’re almost never successful.
JY will very likely file a private prosecution against Kamal but the most we’ll see is a “Limited Access” line under his name at CSO. Note that as of today there are 7 of these files under Jessica Simpson and 4 under Jessica Yaniv. We believe they are all closed.
Lastly, there is the matter of JY’s dog. It’s been sighted a few times and sources have said it looks like a classic bored puppy – jumping, tugging at the leash, and, at least according to one person last week, a bit overweight. There are no pictures to support this claim though.
What happened between Kamal and the dog is unknown for now, but it’s pretty easy to make some educated guesses. Did Kamal “shoo” the dog away when it was jumping at her? Did she tell it to stop or push it off herself? Did the puppy interfere with her performing her building duties? We’re working to find out and will post details if we learn any.
We also collected some information to support the community – and Kamal – on the topic of whether or not JY’s untrained lab is a service animal or not. We’re not lawyers, and we can’t give legal advice, but this is what the various rules in BC say:
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