Nudist wins fight against club ouster
Anna
Nudist wins fight against club ouster
Retired military police sergeant awarded damages of $12,000
Published: Friday, December 08, 2006
VANCOUVER ISLAND - A member of a Vancouver Island nudist colony has won
a precedent-setting decision in B.C. Supreme Court.
Two years ago, Jerry Grenier joined the Sol Sante Club, whose 170
members own 72 hectares (178 acres) in Cobble Hill, a tiny farming
village about 48 km north of Victoria.
The club, whose grounds are said to rival the beauty of nearby Butchart
Gardens, operates as a non-profit society with the objective of
practising nudism in a private, secluded location, following the
International Nudist Federation's principles.
But the members of the family-oriented nudist club decided Grenier was
a "loner" who didn't participate in social events or work on the
grounds, where members are assigned a plot to build a cabin or park a
recreational vehicle.
One concern was that Grenier advertised for a "minor" to do yard work.
Verbal complaints about his behaviour suggested he made some people
feel "uneasy."
The club's board of directors revoked Grenier's probationary membership
on July 24, 2004, two months after he joined.
But Grenier didn't go without a fight, according to documents filed in
B.C. Supreme Court in Victoria.
When he refused to leave, the RCMP was called twice, leading to further
conflict.
On Jan. 5 last year, the club went to court and obtained an interim
injunction, preventing Grenier from entering the property.
The club claimed in its legal action that Grenier was trespassing. The
club sought a permanent injunction to keep him off the property.
Grenier filed a counterclaim, arguing the club failed to give him
proper reasons for his wrongful expulsion and denied his right to a
hearing before he was expelled.
He also sought damages to compensate him for moving expenses, the loss
of his rental cabin and loss of his reputation -- he claimed he was
regarded as a social pariah by the majority of club members.
In a judgment released Thursday, Grenier won the case and was awarded
damages of $12,000, plus court costs. He was reinstated as a
probationary member.
"I am satisfied Mr. Grenier has proven that the effects of the wrongful
expulsion have caused or contributed to the damage to his reputation
and to his prospects at the club," said the ruling by Justice Sunni
Stromberg-Stein.
The judge found the club, a non-profit society, failed to abide by its
own bylaws, including giving Grenier the right to a hearing before his
expulsion.
Grenier, who is in his 40s, was out of the country Thursday and could
not be reached to comment on whether he plans to return to the club to
complete the balance of his 12-month probationary period.
His Victoria lawyer, Michael Frey, said his client is a retired miliary
police sergeant now working as a field safety officer for the
International Criminal Court in a remote location in Africa, where he
ensures the safety of lawyers and others investigating war crime
atrocities.
"He is not even aware of the judgment," the lawyer said. "I have
attempted to e-mail the judgment to him."
Frey said the case is precedent-setting because it was the first case
in B.C. to decide the rights of probationary members in a club
operating under the B.C. Society Act. "The caveat is, many clubs don't
have probationary members."
The full court decision is available online:
Anna
protections to their members by being able to remove suspicious members
at will.
Does this mean that nudists clubs now have to return to a no single
male policy, at least in Canada?
Why doesn't national nudist organizations have a form letter to send
out to the media each time they use the term "nudist colony".? Most
newspapers have a "style guide" the reporters must go by so if the
newspapers will put on their style guide that "nudist colony" isn't the
the appropriate term to use, the reporters will stop using that term.
What the Hell is the"International Criminal Court" doing in a remote
location in Africa? The "International Criminal Court" is scary indeed,
one day controlling every aspect of our lives the way the Federal
Government in the US does now.
Perhaps. he is lying about being in Africa.
Anna
Are all single males perverts? Of course not. Very few are. But here is
the problem. Practically all the perverts are single males. And they
are attracted to nudist clubs. So profiling is too effective in this
case to be ignored. Having single males increase the risk to the club.
And now that Canada says that you can't distinquish between the good
males and the males who give off bad vibes and act inappropriately,
clubs in Canada are going to be forced to adopt a no single male policy.
Zee
seen it......and you have admitted that your nudist camp experience is
very limited......and i am sure that you did not participate in the
sexual game of swinging ...and i am sure you can not tell the true
story of the nudist scene as seen from the eyes of a single
person.....so when you wrote the opinion below assessing the view from
you vantage point ...did you wonder if your experience might not be on
target perfectly and you might be omitting some of the sexual and
perverted activities of couples and incestuous families.....could you
please address this issue and state that you are ...or not familiar
with that issue and that other folks might be more enlightened in that
regard...and it might be possible that when the couples that swing and
the incestuous families that swing is all tallied up...that small few
bunch of singles and pedophiles might be a small comparison....and even
if it was not...what can a country such as canada or the usa do about
the management and staff of nudist camps that are predominately singe
males ...such as photographers....grounds maintenence....etc....which
have been a large part of the child molestation problem.....can you
ever begin to talk about those issues..and could it be possible there
is no way that profiling of and standard can cure the problem of sexual
perverts....and take into consideration that everyone is a pervert to
someone else........regards....jonZeee
naturist
> the problem. Practically all the perverts are single males.
Please cite the source or study that supports your above statement. Oh
that's right, you're just talking out of your ass again, as usual.
Most perverts, child molesters etc. are in fact married men. Some are
even women.