so, i've decided that i'm going to publish the emails that got me arrested, or at least the ones i have. i'm doing this under the realization that this page is being read by the cops that are currently spying on me, who may not be aware of just how absurd the charges were. i mean, i sat down and thought about it and realized that an officer or investigator picking the case up from scratch would have little concrete to draw upon - there is a vague accusation, no evidence and no plea from the accused. the cops never collected the emails, and i've never denied i sent them, so how can anybody investigating the situation come to a reasoned conclusion about it?
i don't have a complete record of the conversation, for the reason that kijiji only keeps 30 days worth of records and email only kicks in once an exchange is initiated. the situation is that the property owner routinely reposted ads for two apartments to the site. as i was aggressively seeking housing at this point, i would reply to the ads every time they were reposted; after all, the act of reposting the ad broadcasts "this apartment is still available", and there was really no reason besides prejudice that i should have been declined for an apartment being reposted on a daily basis, without even having an interview face-to-face. so, yes: i was being aggressive about this, as is necessary in a saturated market.
these particular units were what i was most interested in, as well, in that they made it clear that they were seeking tenants that were quiet and responsible. after weeks of consistent disappointment in the state of the market - it was essentially impossible to find a smoke-free building, or even a marijuana-free building - these two ads that seemed to be exactly what i needed seemed like the only way out of the mess i was in.
the ad did what ads do: it stated what the apartment was, and what the owners were looking for, and asked that applicants introduce themselves and state what they want. so, i introduced myself as a non-smoking artist with a stress disorder that is looking for a stable, smoke-free environment. i tried this several times,and received no response.
now, you might tell me that if i received no response, i should stop responding - and i would agree, if the ad wasn't being constantly reposted, indicating that the unit is still available. repeatedly reposting the unit is an invitation to repeatedly apply. and, that is a situation specific to housing, where normal rules of civic engagement are not applicable, but a strict regulatory regime is rather in place.
the other scenario - for her to tell me that the unit remains available, and i am not allowed to apply - is prohibited by law in ontario.
that said, one can only type up a lengthy response so many times before they realize that no response is coming. so, at some point, i stopped doing that and simply replied with my vm number. from that point forward, a routine kicked in whenever i found a reposting of the ad - i would quickly type in my phone number on the hope i'd get a response this time, and just move on to the next one.
the documentation that i have begins with the property owner's first response to the ad:
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Re: Reply to your "U OF W 2 MINUTE WALK 1 BD ALL-INCLUSIVE ON RANDOLPH @ RIVERSIDE" Ad on Kijiji Inbox
Add star ryanmyon<s-hm2k83m2rt0jm@rts.kijiji.ca> 15 August 2018 at 16:49
To: death.to.koalas@gmail.com
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Are you a full-time student or do you work full time? If you are working, what do you do and how long have you worked there? How many people would be living with you? Do you smoke? Do you have any pets?
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as we can see, the person i was communicating with introduced themselves as "ryan", which is mildly gender neutral but mostly a man's name. i was told at the hearing that the complainant claimed this was her. i strongly doubt that this is actually true, and believe that a person named ryan is ultimately going to need to testify at the human rights hearing. this person should expect a subpoena.
my response was as follows:
jessica murray<death.to.koalas@gmail.com> 15 August 2018 at 17:20
To: ryanmyon <s-hm2k83m2rt0jm@rts.kijiji.ca>
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i work full time as an artist.
it would be just me.
i don't smoke.
i don't have pets.
j
------
i did not receive a further response. yet, the ad continued to be reposted, indicating the unit was still available, so i kept responding to it.
a few days later, i received the following email:
Re: Reply to your \U OF W 2 MINUTE WALK ALL-INCLUSIVE ON RANDOLPH NEXT TO RIVERSIDE\ Ad on Kijiji Inbox
Add star Canadian Property<s-gssp7zl8fxqrs@rts.kijiji.ca> 23 August 2018 at 05:12
To: death.to.koalas@gmail.com
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We are not interested in renting to you. Stop emailing us.
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again, there is no information about the property owner's gender in this email.
but, what do these people know about me at this point in time? they know i'm a disabled artist that is desperately seeking a low-rent drug-free environment, and learning this is an almost impossible combination to find. are they not interested in renting to me because i don't smoke? not likely. more likely is that they don't want to rent to me because i'm an artist and because i'm disabled, in some hierarchy of prejudice.
i have never met this person, at this point. i have not seen the property. i haven't filled out an application. they haven't examined my credit history, or done anything else - they've rejected my interest flat on it's face, after knowing nothing more about me than that i'm on odsp.
am i a little frustrated? pissed off? stressed out? yeah. it's the last week of august, and i need to be out by oct 1st. in that context, i see that a door is being closed for what seems to be superficial and prejudicial reasons. anybody would be upset by that. so, i respond to this email several times, in quick succession.
Add star jessica murray<death.to.koalas@gmail.com> 23 August 2018 at 10:32
To: Canadian Property <s-gssp7zl8fxqrs@rts.kijiji.ca>
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how about we go to the human rights commission, instead?
Add star jessica murray<death.to.koalas@gmail.com> 23 August 2018 at 10:34
To: Canadian Property <s-gssp7zl8fxqrs@rts.kijiji.ca>
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i'm keeping track.
there will be a large action within a few months.
this city is full of discrimination towards disabled people, and
towards queer people.
j
Add star jessica murray<death.to.koalas@gmail.com> 23 August 2018 at 10:37
To: Canadian Property <s-gssp7zl8fxqrs@rts.kijiji.ca>
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you've lost thousands of dollars refusing to rent to a candidate that
needs access to the kind of housing you're providing. and, as far as i
can tell, you are denying that housing to me for no other reason that
that i have a disability.
that is illegal in this province.
you must treat housing applications on a first come, first serve basis
here. you cannot screen for identifiable characteristics, for job
titles, for income amounts, for gender, for orientation, for ethnicity
or for family status.
and, i will hold you accountable in time.
Add star jessica murray<death.to.koalas@gmail.com> 23 August 2018 at 10:58
To: Canadian Property <s-gssp7zl8fxqrs@rts.kijiji.ca>
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i'm a non-smoker with a stress disorder.
i need out of welfare-style low income housing - and away from the
type of people that live in it - for the benefit of my mental health.
you are providing what is a rare escape in a city full of smokers.
your position is both discriminatory and irrational.
but, you have the opportunity to reverse it
or you can keep losing money to uphold your discriminatory views.
because, here's the actual truth: students don't want to live in your
building.
----------
these responses are confrontational, but they are also constructive. i am laying down the law, here - denying housing on the basis of a disability is discrimination, and i won't stand for it, but i need housing more than i need a human rights complaint, so i'll give them the opportunity to reverse themselves.
am i bluffing? out of necessity, yes. that is to say that the situation is such that they ought to face a human rights challenge, but i don't know enough about them at this point to file a substantive claim, do not have an argument for actual damages and would no doubt decide, in the end, that it isn't worth my time. it's not an idle observation, but it's primarily a negotiation tactic from somebody that is admittedly desperate to find a smoke-free environment.
there was no further response; yet, the ads continued to be reposted, so i kept responding to them.
i didn't get another response for almost two weeks.
Re: Reply to your "U OF W 2 MINUTE WALK 1 BD ALL-INCLUSIVE ON RANDOLPH @ RIVERSIDE" Ad on Kijiji Inbox
Add star ryanmyon<s-gflwl06rg0n73@rts.kijiji.ca> 8 September 2018 at 15:20
To: death.to.koalas@gmail.com
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We will NOT rent to you. Do not contact us again.
--------
but, there was still no non-prejudicial reason to not rent to me. and, the ads kept being posted, indicating the unit was still available. so, i kept responding to them.
things began to get ridiculous a few days later:
Re: Reply to your "U OF W 2 MINUTE WALK 1 BD ALL-INCLUSIVE ON RANDOLPH @ RIVERSIDE" Ad on Kijiji Inbox
Add star ryanmyon<s-mndzx0w19q0jh@rts.kijiji.ca> 10 September 2018 at 20:33
To: death.to.koalas@gmail.com
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We have advised you that we will not rent to you and to not contact us again. Despite this, you continue to email us. If you contact us again, we will contact the police and have you charged with harassment.
---
you can imagine that i found this rather comical. the idea that repeatedly applying for housing could be harassment under canadian law would have to be probably the most ignorant thing i've ever heard. i responded as follows:
jessica murray<death.to.koalas@gmail.com> 10 September 2018 at 20:51
To: ryanmyon <s-mndzx0w19q0jh@rts.kijiji.ca>
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will you explain to them that you are discriminating against the tenant?
you're an idiot.
and you're wrong.
j
jessica murray<death.to.koalas@gmail.com> 10 September 2018 at 20:59
To: ryanmyon <s-77knvwsn5xr0b@rts.kijiji.ca>
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so long as you have the ad up, i'm free to reply to it. & what the law
actually says, in context, is that you cannot discriminate against
people on the basis of having a disability.
so, it is not illegal for me to continue to reply to your ad, even if
i'm just trying to piss you off. but it *is* illegal to dismiss my
application because i don't have a job,
do you understand, or should i get one of your tenants to explain it to you?
did you graduate high school, ryan? or, like so many of the people in
this city, did you drop out of school in grade ten and inherit your
wealth?
if you want to live in a fascist state where people are charged with a
crime for replying to an ad because of an enumerated ground, i'd
advise moving to iran.
j
Add star jessica murray<death.to.koalas@gmail.com> 10 September 2018 at 21:00
To: ryanmyon <s-77knvwsn5xr0b@rts.kijiji.ca>
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property, in canada, is not something that you hold at your disposal,
but a service that you offer, and are bound to follow a set of rules
around.
j
---------------
at this point, i'm clearly trolling, but i'm also making a point about free expression, and sticking to it.
am i being annoying? sure - that's the point. i'm bombarding them with communication for the purposes of having my interests drown out those of the other applicants. so, if the complaint is something like "she's sending me so many emails that i can't look at the other applicants", then that is an intentional strategy - i don't want them to look at the other applicants. the annoyance is purposeful, with the intent to advance my own interests.
but, is that harassment? not in canada. in canada, harassment necessitates an objective concept of fear; i would have to engage in behaviour that a reasonable person would interpret as threatening to them or their family, and that is clearly not happening, here.
so, why am i responding further? i'm trying to draw them out at this point - i want them to send me a smoking gun that i can use in the human rights trial. but, i'm also simply being insolent. they have no legal recourse to tell me not to apply to the ad, and if they're going to make threats, i'm going to push them on it.
this issue would come up later with the cop. the crown was no doubt going to try to argue that the cop warned me, and i didn't listen. but, this is backwards logic - when a thug shows up at your door with a gun and orders you not to do something that is not illegal, you have a moral imperative to do exactly what you've been ordered not to do.
so, i mention i'm just trying to piss them off - and, at this point, i largely am just trying to piss them off, and insistent on enforcing my legal right to do that, as they have placed this question in doubt. i'm now also a free speech activist, in addition to fighting against housing discrimination. and, listen - you don't have to like that, but you do have to accept the legality of it.
while i continued to respond to the ad for the next several weeks, before being arrested and held over night on sept 24th, i did not receive another response from the property owner.
so, harassment? hardly. rather, it seems as though it is a pre-emptive attack to prevent me from filing a human rights complaint, and if anybody has grounds to claim they were harassed it is me.