Canadian Radio Host fired over BDSM?

For weeks, says a lawsuit filed Monday, Jian Ghomeshi and his CBC bosses worked in tandem, discussing his sexual fetishes and jointly crafting a response to the "scurrilous" allegations he feared were coming.

The star radio host and his employer had a mutual interest in neutralizing a possible charge that he was involved in abusive, non-consensual sex, Ghomeshi asserts in the $55-million suit.

Then, without warning, the corporation turned against him, using the intimate information he had divulged in confidence and fears of a "negative public reaction" as grounds to fire him, alleges the statement of claim filed in a Toronto court.

"In doing so, the CBC was making a moral judgment about the appropriateness of BDSM," says the document, referring to the sexual lifestyle known as bondage-discipline, dominant-submissive and sadomasochism.

"Engaging in BDSM is part of the normal continuum of human sexual behaviours, and it is increasingly common that engaging in BDSM would not be seen as either shocking or scandalous to informed North Americans," it says. "Nevertheless, based

on the CBC's antiquated perspective, (it) terminated Mr. Ghomeshi's employment."

The "breach of confidence" lawsuit adds fuel to a startling labour dispute involving one of the CBC's best-known personalities, and came on the same day that serious allegations against Ghomeshi by four women were, in fact, published in a Toronto newspaper.

Three of them told the Toronto Star they had dated Ghomeshi, 47, and were subjected to unwanted punching, slapping and choking during sex. Another woman, unnamed like the others, said she had worked at CBC and that Ghomeshi told her at work "I want to hate f--you" and groped her buttocks. She said she raised the matter with her union representative.

Both the CBC itself and its main union said Monday, however, they had never received a formal complaint against Ghomeshi.

The Toronto police service also indicated it was not investigating, and would probably not do so unless someone approached the force directly.

Ghomeshi was host of the program Q on CBC's main English radio network, which had become its most popular morning show ever, as well as being aired on numerous National Public Radio stations in the United States.

Signs of trouble in the public broadcaster's ties with Ghomeshi surfaced last Friday, when the CBC announced that Ghomeshi would be taking a leave from the program for personal reasons, after the recent death of his father.

Then came the bombshell Sunday that he had been let go, the CBC indicating that "information came to our attention recently that ... precludes us from continuing our relationship."

Hours later, Ghomeshi posted a lengthy statement on Facebook, admitting that he practised "rough sex" that some might find offensive, but always did so with the consent of his partners. He also revealed that a former girlfriend, in an apparent act of vengeance, was behind an attempt to accuse him publicly of abusive, non-consensual practices.

The former host has also said he is filing a union grievance of his termination. In fact, as a union member, that is the only way he can legally contest his firing, said labour lawyers. The lawsuit is not for wrongful dismissal.

Employers must have cause to fire unionized employees, and for some occupations - teachers, for instance - that might involve conduct in the person's private life, said Hugh Scher, past president of the Ontario Bar Association's labour-law section.

Quote by seeker4
I'm not sure how well Jian Ghomeshi and his show "Q" are known outside Canada but I do know the show does have listeners in the USA. He is certainly a minor celeb up here in Canada and has received praise for his work from some US publications.

Over the weekend, he was canned by the CBC (think the BBC but with more maple syrup) for unspecified reasons. Ghomeshi responded by posting a piece on his Facebook alleging it was because of his sexual proclivities, esp. towards BDSM. He is also planning to sue the CBC (which can ill afford the $50 million he's claiming) and launch a union grievance.

From The Globe and Mail, our largest national paper: http://www.theglobeandmail.com/arts/books-and-media/cbc-cuts-ties-with-jian-ghomeshi/article21308822/

Since then, a Canadian paper (not the Globe) has published allegations that some of his BDSM activities went over the line into harassment and non-consent but so far no one has actually come forward. It all seems to be rumour and innuendo.

Out of all this, came the following editorial by a law professor, also in the Globe, on the rather complex issues around BDSM and consent in Canadian case law.

http://www.theglobeandmail.com/globe-debate/the-ghomeshi-question-the-law-and-consent/article21315629/

Should make for some fun and fireworks if/when it goes to court. Of course, the way our system works, most people will probably be going "Jian Who?" by the time it actually gets to trial.Uuq3ip3l60PDmhCk

Quote by VanGogh
Whoa!!!

This situation / court case could be on par with Vriend v. Alberta and Egan v. Canada establishing a precedent that will be used for years to come.

The situation of Jian's PRIVATE sexual appetite / affairs should NOT be a factor on the type and quality of work he does for CBC. My own sexual appetite, or the fact I write erotica and visit an erotica website, should NOT colour my employer's opinion of my quality work.



As we all know, since the infamous 50 shades of grey ...... bdsm is now mainstream. CBC needs to evolve into this century.

Quote by seeker4

Unfortunately for Jian, there's a growing body of evidence his kink was not always practiced in a entirely consensual manner and that may be his Achilles Heel in this whole thing. Even if one complainant comes forward with a credible case, his whole argument about being fired over simply his BDSM practices goes down in flames. This is starting to have the potential to go seriously off the rails for both him AND the CBC.

My worry is that there could be some serious blowback for the BDSM scene here as a whole if it does go down that road. I'm not a part of it (no real interest beyond maybe a bit of bondage and dominance roleplay fantasies) but I am a supporter and defender of sexual freedoms of various sorts. I know that on my other board, we've got fairly uptight sorts (liberal on things like LGBT rights but not comfortable with things like the sex trade and BDSM) that I'm going to be fighting with on this.

Jian Ghomeshi, 47, surrendered to police on Wednesday morning and was formally charged under the Criminal Code with four counts of sexual assault and one described by police as "overcome resistance – choking."

None of the charges have been tested in court.

Former CBC Radio host Jian Ghomeshi was released on bail today following a court appearance in Toronto to face five criminal charges. He is accused of sexual assault and choking.

A sombre looking Ghomeshi exited the downtown courthouse through a crush of media and police officers after his bail was set at $100,000.

Ghomeshi's lawyer, Marie Henein, told the gathered reporters that her client would be pleading not guilty and there would be no further statements to the media. "We will address these allegations fully and directly in a courtroom. It is not my practice to litigate my cases in the media," she said.

His bail conditions include living with his mother — who was present in court and acted as his surety — no contact with his alleged victims and an agreement to surrender his passport and remain in Ontario.

When asked by a judge if he understood the conditions of his release, Ghomeshi clasped his hands in front of him, nodded slightly and said "yes" and "I do."

The charges come a month after he was fired by CBC.