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A Kootenay woman who claimed that "spiritually violent people" were the reason she was refused a stall at the Kaslo Farmers' Market has lost an appeal after she took the matter to the BC Supreme Court.

According to a recently published April 15 BC Supreme Court decision, Tamara Patricia Balla filed a BC Human Rights complaint against the Kootenay Lake Services Society and members Patrick Steiner, Kathy Allaire after she was refused a stall at the farmers' market to sell her homemade cards.

"The exclusion of my stall was likely because of the interests of spiritually violent people," she told the Human Rights Tribunal. "My knowledge of spiritual violence is such that both respondents will also be harmed spiritually unless the issue of spiritual violence is addressed for all."

The decision said Balla referred to a "global and personally deeply distressing battle between spiritually violent and spiritually non-violent people." 

She claimed the farmers' market's refusal to let her sell handmade cards had discriminated against her on the grounds of ancestry, place of origin, sex, gender identity, religion and political belief.

After Balla filed her claim, the Human Rights Tribunal wrote back several times asking her to clarify her complaint.

"(You) provided information about your understanding and belief of how spiritually violent persons invade and control spiritually non-violent persons. I am sorry to hear that you are feeling affected in this way. Your amendment appears to be asking the Tribunal to broaden your complaint to address this phenomenon," the decision read. "Your complaint does not fall within the matters that the Tribunal can deal with."

After the Tribunal rejected her case, she wrote back saying the process was unfair and "torturous."

"The tribunal members that are spiritually violent interfere with the process by using me and the spiritually non-violent population," Balla wrote.

Undeterred, she appealed, asking for a reconsideration.

Again, the Human Rights Tribunal told her it didn't deal with this phenomenon.

"Your complaint does not allege facts that could contravene the Human Rights Code, and does not fall within the matters that the (Human Rights) Code can address," the Tribunal responded.

Clearly undeterred, Balla then took the matter to the BC Supreme Court, asking for a judicial review of the Tribunal's decision.

According to the Kootenay newspaper, The Valley Voice, Balla pinned her opening statements to the court on her fence for anyone to look at.

"Tamara's Hand Painted Cards" and "Crimes Against Humanity resources and information," the sign on her fence read.

She's also written letters to the same newspaper and the Nelson Star about spiritual violence against non-spiritually violent people.

In her argument to the BC Supreme Court, Balla said the refusal to permit her to continue to have a card stall at the farmers' market violated her freedom of conscience and expression. 

"(I) used the card stall to educate people about the conflict between spiritually violent and non-violent people, and she has, therefore, been prevented from continuing to engage in that sort of education," she claimed in the decision.

"She also wrote that the process was not only unfair, but torturous, as spiritually violent people were using her mind as though it was a toy," BC Supreme Court Justice Lindsay Lyster said in the decision.

However, the Justice ruled "these are not the sorts of concerns" that fall under the legal definition of procedural unfairness. 

"The facts alleged by Ms. Balla related to the invasion and control of spiritually non-violent persons by spiritually violent persons. The facts alleged by Ms. Balla did not relate to acts of discrimination in the areas of employment or services or tenancy on any of the grounds that she relied upon in her complaint form," the Justice said.

Ultimately, the Justice dismissed her appeal.

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