Northern School of Massage.

A B.C. massage therapist who refused to treat a client because they were a Muslim and they have a "bad reputation for raping and killing" has lost the first round of a human rights complaint.

According to a March 8 B.C. Human Rights Tribunal decision, Majid Shahadat booked a lymphatic massage treatment with the Northern School of Massage in 2019.

A day later he received an email from the school's owner Joyce (Jo) Middleton.

"Thank-you for your patronage of our school. I am sorry to request of you credentials. We rarely accept new clients outside the area of Fort St. John for our own protection," the email read. "I am asking you to certify you are not of the Islamic faith, which as you know has earned a bad reputation for raping and killing of infidels in Canada and elsewhere."

Bizarrely, Middleton went on to say the email wasn't meant to be "offensive" but she had to be "watchful over my students."

A couple of days later she sent another email saying she wouldn't accept Shahadat as a client and provided the name of another massage therapist in Fort St. John.

Shahadat then took Middleton to the B.C. Human Rights Tribunal arguing he'd been discriminated against because of his religion.

Middleton then applied to have the case thrown out.

In her defence, Middleton said she's "not discriminatory or racist" and said she didn't refuse Shahadat service as she referred him to another massage therapist.

She also said she made a "heartfelt apology" with a "truthful and factual explanation."

Middleton doesn't dispute she sent the email but said she refused to take Shahadat as a client was out of fear for her employees.

The Tribunal pointed out this is racial stereotyping.

READ MORE: B.C. doctor ordered to pay $3,000 after tirade against human rights tribunal staff

In her submission to the Tribunal, Middleton said, "I am unclear where the ‘hate crime’ came in or ‘bigotry’ as my refusal came only from ‘fear’ of bad men who have little or no respect for female rights – bad Muslims having the least respect as per Sharia Law and the worshipping of the Quran where it appears to have originated."

The Tribunal ruled the correspondence showed that Middleton based her decision on whether to accept Shahadat as a client if he was "not of the Islamic faith."

Middleton also argued that as she's never seen Shahadat personally, his place of origin, ancestry, race, or colour are not issues.

The Tribunal dismissed her argument.

READ MORE: B.C. deafblind man denied interpreter wins human rights complaint

Middleton said she offered to settle the case for an undisclosed amount of money, but it appears Shahadat refused.

She then accused him of "only seeking financial gain."

Again the Tribunal dismissed the argument.

According to the decision, Middleton also submitted media clippings as evidence which she said validated her fear of Muslim men in general.

Shahadat argued Middleton's response to the case is also discriminatory and asked for $2,000 in damages before the case was even heard.

The Tribunal rejected the awards but had some words of warning for Middleton.

"It appears (Middleton does) not appreciate that attributing certain characteristics to all members of a group, regardless of their individual differences is stereotyping, and when related to characteristics protected by the Human Rights Code, is a form of discrimination," the Tribunal said.

Ultimately, the Tribunal dismissed Middleton's argument to have the case thrown out and has allowed it to go to a hearing.

READ MORE: Anti-masker who flip-flopped on his medical condition loses B.C. human rights case

The Tribunal also warned Middleton not to advance negative stereotypes against Muslims during the hearing or it will reconsider the $2,000 damages claim.

To contact a reporter for this story, email Ben Bulmer or call (250) 309-5230 or email the editor. You can also submit photos, videos or news tips to the newsroom and be entered to win a monthly prize draw.

We welcome your comments and opinions on our stories but play nice. We won't censor or delete comments unless they contain off-topic statements or links, unnecessary vulgarity, false facts, spam or obviously fake profiles. If you have any concerns about what you see in comments, email the editor in the link above. 

News from © iNFOnews, 2023