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 91裸聊视频渋njury to her dignity, feelings and self-respect.91裸聊视频�

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 91裸聊视频渏ustified,91裸聊视频� also orderedMohan to pay Smith an additional $1,500 to cover lost wages for time she missed from work for having to move, 91裸聊视频渂ecause of stress from the situation,91裸聊视频� and $1,800 for expenses 91裸聊视频渋ncurred as a result of the contravention,91裸聊视频� namely obtaining 91裸聊视频渆xpert evidence,91裸聊视频� for a total penalty of $23,300.

91裸聊视频淥verall, I find the nature of the discrimination serious and favours a fairly significant reward,91裸聊视频� Murray concluded.

She also ordered Mohan to pay interest on the amounts until they are 91裸聊视频減aid in full, based on the rates in the Court Order Interest Act.91裸聊视频�

91裸聊视频淚n my view, a policy that prohibits an Indigenous tenant from smudging entirely due to concerns about 91裸聊视频榥uisance91裸聊视频� or 91裸聊视频榩roperty damage91裸聊视频� 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,91裸聊视频� Murray wrote in her .

Smith had sought $30,000 in compensation for injury to her 91裸聊视频渄ignity, feelings and self-respect,91裸聊视频� $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 master91裸聊视频檚 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.

91裸聊视频淚 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 Act91裸聊视频檚 right to 91裸聊视频榪uiet enjoyment91裸聊视频� or simply as a human right in the general sense,91裸聊视频� 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 family91裸聊视频檚 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.

91裸聊视频淢r. Mohan seems to be taking the position that the smudging was not genuine but used to cover the use of marijuana,91裸聊视频� McCreary noted in her

91裸聊视频淢s. Smith denies that this is the case.91裸聊视频�

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 91裸聊视频渟melly foods must be cooked outside91裸聊视频� and that the 91裸聊视频渢enant will not disturb other tenants with noise or nuisance.91裸聊视频�

Mohan told the tribunal that the smell was 91裸聊视频渞eally strong91裸聊视频� in the upstairs unit, that it made him feel sick, and that he told Smith as much. He claims she told him: 91裸聊视频淲ell I91裸聊视频檓 sorry that is making you sick but sage is used for cultural purposes and I will be using it often.91裸聊视频�

McCreary noted that Mohan 91裸聊视频渃oncluded that Ms. Smith did not care for his health or well-being. He said that he is not going to compromise his health.91裸聊视频�

The tribunal heard Smith moved out on June 15, 2017 after Mohan served her with three eviction notices 91裸聊视频� the third being a two-month notice that the basement suite would need to be vacated for renovation 91裸聊视频� and refused to take any more rent cheques from her.

tom.zytaruk@surreynowleader.com
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