Canadian Constitution Foundation
Women’s Gym won’t be bullied by Human Rights Commission
Canadian Constitution Foundation announces support for John Fulton
Canadian Constitution Foundation
News Release, April 20, 2009
«John Fulton v. Ontario Human Rights Tribunal»
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CALGARY: The Canadian Constitution Foundation (CCF) today announced it will support John Fulton, owner of Downtown Health Club for Women in St. Catharines, Ontario, in defending against a complaint brought under Ontario’s human rights laws.
The complaint was filed in 2006 by a male person intending to undergo a sex change operation, but still physically male, against one of John Fulton gyms, reserved for women only. Out of concern for the privacy and dignity of his female clients, Fulton had hesitated to accept a membership application from the complainant, who would have had 24/7 access to the women’s locker room, showers and toilets. The complainant has since had his operation and moved to Ottawa, so would not benefit from membership in the St. Catharines gym, but the complaint continues, with a large claim for damages.
The case is to be heard by the Human Rights Tribunal of Ontario on June 15th, 2009.
“I am just a small business owner, trying to make ends meet during difficult economic times,” said Fulton.
“The enormous legal costs deter the majority of the accused from fighting such complaints. It would have been easier and cheaper for me to settle at the mediation hearing. However, on principle I decided not to settle and pay the amount demanded of me, because I hope to shed light on the unfair and overzealous pursuit by human rights tribunals across Canada that have plagued so many small business owners,” continued Fulton.
“The attitude of these tribunals is that if there is a complaint, it must be valid, so you either have to pay off the complainant or endure the time and large costs of going to a hearing,” concluded Fulton.
The complainant is usually helped by a lawyer on the staff of the Ontario Human Rights Tribunal, a taxpayer-funded entity.
John Fulton, 48, has owned and operated fitness clubs in the Niagara area since 1982. John has supported and advocated for many charitable and community-related groups for nearly three decades. His fitness clubs have supported the Niagara AIDS Walk for Life as a title sponsor for over 12 years.
The Canadian Constitution Foundation is a non-profit organization that protects Canadians' constitutional freedoms through education and public interest litigation. The Foundation has agreed to help Fulton raise funds for his defence, expected to cost as much as $100,000. Members of the public can donate on-line directly to the Fulton legal defence fund on the CCF website.
“This is clearly a David-and-Goliath case – a small business being pursued by the might of the state,” stated lawyer John Carpay, Executive Director of the Canadian Constitution Foundation.
“This case also involves freedom of association, which is a fundamental Charter right enjoyed by all Canadians. Women should be able to associate to have their own gym, where they can dress and undress without the risk of their being observed by men,” continued Carpay.
Fulton has retained Andrew Roman of Miller Thomson LLP, who will appear at the tribunal on June 15th, 2009.
Citizens interested in supporting Fulton should visit https://secure.lexi.net/ccf/donation.php
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