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从李的赌场噩梦看加国法律系统
Be a sophisticated claimant

在2014年7月,李夫妇带着他们患有精神疾病的成年女儿前往一个慈善赌场玩老虎机。在看到附近一台机器空出后,李便迅速上前欲抢占位置。

In July 2014, Li couple and their adult daughter, who suffers from a mental illness, visited a charity casino to play the slots. Seeing a man at a nearby machine was leaving, Li quickly approached the machine and tried to take the machine.


但是李迟了一步,因为坐在那台机器旁的白人女子丽莎已经抢先将一张$20元的钞票塞进机器。看到李上前后,丽莎极力阻止,但是李却对这台机器有志在必得之势 ,她推开对方阻拦的手臂,占住了座位。

But Li was a bit late. Lisa, a Caucasian woman sitting beside the machine was one step earlier, and inserted $20 bill into it. Seeing Li coming, she was trying to claim the machine by blocking Li. However, Li was determined to claim the machine, brushing Lisa’s arm away and occupied the seat.


尽管两人语言不通,但李和丽莎却互不相让,继续通过手势比划争夺这台机器。随后,一名保安走过来试图解决这两名女士的冲突。不久之后,一名轮班主管也介入其中。李的夸张行为令这名主管决定将其驱逐出赌场24小时。在李离开赌场后,她的丈夫和女儿也随之离开。

But the dispute continued as both women who spoke different languages -- were fighting over the machine through gestures. A security guard came over trying to resolve the conflict.  Soon after, a shift supervisor got involved. Concerned about Li’s aggressive behavior, the supervisor expelled her for 24 hours. Li left the casino, so did her husband and her daughter.


李认为自己遭到了赌场的不公平对待。据她称,和她发生争执的白人女子占了两台老虎机,此举违反了赌场规则。因此被赶出去的应该是丽莎,而不是她。

Li felt that she was treated unfairly by the casino. According to her, the Caucasian woman was taking two slot machines – violating the casino rule. So it would be Lisa that should be expelled, rather than her.


李认为自己是因为族裔身份,才会成为种族歧视的受害者。认为是同为白人的保安和主管一心只想保护另一名白人女子,从而欺负了处于弱势的亚裔人士。于是李向人权法庭提出投诉,指控赌场对她进行歧视。

Li believes that she, an ethnic minority, became a victim of racial discrimination.  It was the white people – the security and the supervisor -- protecting another white woman, a Caucasian and taking advantage of a vulnerable Asian. She filed a complaint with the Human Rights Tribunal alleging that the casino discriminated against her.


据李提供的信息,鉴于她女儿身为残疾女性但却被迫离开赌场,赌场方愿意向其提供$6000元和解金。这笔和解金是否可解释为赌场所作出的以一种微妙的方式表示对李的不满的谅解和道歉?

According to Li, the casino offered her $6000 as a mediation settlement based on the fact that her daughter, a disabled woman was forced to leave the casino. Was the settlement offer a gesture of apology, a subtle way that the casino to express that they’d acknowledged Li’s concerns?

李认为并非如此。她拒绝了这一提议,并声称是她遭到赌场的不公平对待,而不是她的女儿。但是她提出的赌场对其本人的提供直接赔偿的要求却遭到拒绝。

 Li did not believe so. She refused the offer, arguing that it was her that was wronged by the casino, not her daughter. But her demand for direct compensation directly towards her was rejected.


在通常情况下,较其他投诉来说,有关种族歧视的投诉成功率较低。一般来说,有关种族歧视的投诉更难证实,而且被投诉方不太可能直接承认其所作决定涉及种族歧视,从而令法官无法作出有利于投诉人的裁决。

In general, complaints of race discrimination have a lower success rate than complaints on other grounds. On average, complaints of race discrimination were more difficult to substantiate, and the respondent to the complaint is unlikely to admit that race played any part in the decision, leaving the judge unable to render a decision in favor of the applicant.


尽管李根本不可能拿出任何确凿证据证实其投诉,但人权法庭仍决定就此案进行聆讯。在经过漫长的调查和多次询问后,人权法庭最终在去年12月驳回李的索赔要求。

Even though it was highly unlikely Li would have any substantial evidence to make a case, the Tribunal decided to hear the case anyways. After a lengthy investigation and after numerous interviews, the tribunal ultimately dismissed Li’s claim in December.


人权法庭在裁决中称,虽然从某种程度上说此事对李确有不公,但此案并不关乎赌场驱逐李的决定公平与否,而在于李的种族或族裔身份是否对驱逐她的决定有所影响。但据赌场主管就其决定所作出的解释,法官发现并没有证据证明该决定涉及歧视。

According to the Tribunal’s decision, while in some sense what happened was unfair to Li, the case is not about whether the decision to expel Li was fair or not, but whether Li’s race or ethnicity played a role in the decision to expel her.  The judge found that, based on the supervisor’s explanation to her decision, there was no evidence that the decision was discriminatory.


面对法庭的裁决,李愈发感到沮丧。她认为该裁决荒谬且极其不公。李称:“相关裁决是基于错误的事实,旨在保护白人,而非亚裔人士。”

Facing tribunal’s decision, Li is even more frustrated. She believes that the decision was ridiculous and extremely unfair.  “They were based on wrong facts, protecting Caucasians, rather than Asians,” she says. 


因为对裁决不满,李又寻求安省申诉专员进行相关调查。但是申诉专员断然拒绝了她的调查请求。李因此更感失望,并认为自己成为加国法律系统的牺牲品。

Unsatisfied, Li sought an investigation from the Ontario Ombudsman. But the Ombudsman rejected her escalated claim outright. Li’s frustration grew and she believes that the Canadian legal system had totally failed her.


但是,李却不愿承认正是因为其缺乏法律知识以及在法律体系下生存的技能,才会让此案演变成一宗复杂的索赔案。实际上,李只是众多的将自身不满转向法律系统,并坚持认为自己是加国种族歧视受害者的许多移民们之中一位。

But what Li doesn’t want to believe is that she lacks the knowledge and the skills to survive the legal system and to become a sophisticated claimant. In fact, Li is representative of many immigrants who turn their frustration against the system and continue to believe that they are the victims of Canada’s racial discrimination.


也许,那一晚李在赌场里可能的确遭遇了不公对待。但是在一切都基于证据的加国司法系统中,李的个人证词并不足以说服一切。而如果她早知自己缺乏证据不可能打赢这场官司,她肯定会接受$6000元和解金,而她的不满也会消失。

For all intents and purposes, Li may have been wronged at the casino that day. But Li’s personal testimony would not be sufficient in the Canadian legal system that is evidence based. Had she known that she had lacked evidence, she would have taken the $6000 mediation settlement, and would be a much happier claimant now. 


族裔社区的诉讼当事人常常会发出受到不公平对待或歧视的抱怨。但是一些新移民是因为缺乏法律知识和熟练技能,才难以得到加国的法律体系的保护。

Being unfairly treated or discriminated against are commonly-heard complaints among the ethnic community litigants.  But lacking the legal knowledge and sophistication may leave them struggling in the Canadian legal system.


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