Waitress Jill Coture feels the justice system let her down.
The mother of three, along with two other colleagues, went to Waterloo Regional Police in December 2016 with allegations of sexual assault and assault against their boss, Criss Voulcaridis.
Voulcaridis, the owner of Papa Joe’s Hot Kettle in Ayr, Ont., south of Kitchener, was charged with three counts of sexual assault and three counts of assault.
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The case went to court in Oct. 2017 and in a plea deal, Voulcaridis pled guilty to three counts of simple assault. The three charges of sexual assault were withdrawn. Voulcaridis was given a conditional discharge, nine months of probation and ordered to pay a $300 victim service charge.
Voulcaridis also denied having ever touched his former employee’s breasts and buttocks, adding the flicking and touching he admitted to was of a non-sexual nature.
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Coture was disappointed with the sentence but also at how the case was handled by Ontario courts.
Global News obtained court audio recordings that contained an intense exchange between Crown Prosecutor Anita Etheridge and Justice Colin Westman. The two were discussing the culture shift following the #MeToo movement and debating whether the onus is on women to speak up.
Here is a partial transcript of documents obtained by Global News:
Westman: I’ll put this on the record simply because it’s part unfortunately of my thinking process.
But it’s kind of interesting to see what’s happening in the world today as its culture is changing concerning the issue of respect for employees and for especially the other gender and it’s highlighted in CNN’s ongoing discussions about what’s unfolded over the years in terms of the disrespect. But, and this is for Ms. Etheridge’s benefit but I think what unfortunately what happened and it’s interesting because this will be a bit of an aside…
One of our judges got into a lot of problems a few years ago because of inappropriate conduct. And I had known him and in fact he had been one of the judges that 27 years ago was part of my training. He was full of fun. And we as a group would sit around and listen to his silliness and all laugh. And some of them even involved female judges.
So when I reflect on these matters, I think back to a very different culture and I’m saying that because this man is 31 and has been working in the restaurant world since age 10. And I emphasize because of – and I’ll make reference to it hopefully when I refer to the letters that you’ve provided. But unfortunately there’s, from the young lady’s point of view, there is a lack of understanding.
And I think unfortunately what’s happened over the years is without the victims speaking up, their failure to speak can cause, I’m going to talk about the male gender, to not appreciate the consequences of their actions. It’s viewed as being accepted.
And this isn’t to blame the victims. It’s to blame a culture which permitted a kind of interaction that I viewed over the years as permitting these things to happen.
I’ll never forget the incident with Ms. – I forget how you pronounce – Campagnolo. She was a member of parliament from BC I believe. And she’s walking on stage and John Turner at the time may have even been prime minister at the time and he taps her on the buttocks.
That could not happen today. But I know he was a male of years earlier, when that kind of conduct had been acceptable.
And so we’re moving out of that culture I think now, if you’re aware at all of what’s going on in America. The male attitude towards our female colleagues had better change. Otherwise you’re going to find yourself in a courtroom.
And now because of our appreciation because of women in expressing this change in attitude, and hopefully the males are beginning to appreciate it, it will stop. And we can treat each other with the kind of respect and dignity we should have over all these years and I’m making these remarks because I take the statements of the three young women in this case as being totally legitimate. They’re expressing how they were hurt or how they were compromised by this conduct and so that is just a consequence of what I’m going to characterize as ignorance to a large extent. Now, I want you both to comment on those remarks because that tends to be my thoughts on the matter. And what do you say?
Etheridge: The only comments your honour are that, respectfully, these issues have been around for many, many years.
Women have complained about any type of assault, be it simple assault or physical assault, but people haven’t listened in the past.
Now that it’s on the media… And you know what sir, that’s a really sad situation, that is just repulsive that now it’s our duty to tell, women are supposed to tell ‘I don’t like what you’re doing you should stop’ and now we’re taking notice of it.
This has been alive, this has been an issue for generations, but nobody ever listened to when a woman said ‘Stop.’ But now that it’s on the media, now your honour feels that it’s just now coming to the surface?…
Westman: Well apparently. I mean I’m not creating matters. Well, you don’t have to sit down.
Etheridge: I don’t have any other submissions. I just don’t understand how it’s just now coming to the surface. Your honour, this has been an issue for generations. But now that it’s somehow on TV it’s more forefront?
Westman: Well of course, because now it’s hitting the masses. Well, don’t look astounded.
Etheridge: I am astounded.
Westman: Why do you think the women are coming forward now, and why do you think the men are resigning?
Etheridge: The women have been coming forward for years, sir. You’ve been on the bench for many years. We’ve prosecuted many matters.
Westman: You think the culture is the same today as it was 27 years ago?
Etheridge: No. It’s not the same.
Westman: Why it is not?
Etheridge: Because now, people are taking notice.
Westman: Yes.
Etheridge: But these issues were always present sir. It’s not like this is a new concept in our culture, in our society…
Westman: You remember the incident I was just talking about with – I think it might have been prime minister turner and that woman who was a fellow, was a cabinet minister, a fellow Liberal? Remember that? Or were you too young to?
Etheridge: I’m not sure if I remember it or not.
Westman: Are you surprised when I tell you that story? I mean that’s, I wish I could remember, it 15 years ago maybe. Are you surprised when I tell you that story?
Etheridge: These issues have been before the court for years.
Westman: I’m just asking were you surprised that it happened? With Mr. Turner, he was either prime minister or about to be prime minister…
Etheridge: No. I’m not surprised.
Westman: Why are you not surprised that he would openly tap a woman on the buttocks? Is that not inappropriate?
Etheridge: Yes.
Westman: OK. Well that is my point, Ms Etheridge, and my only point. Men have not reached the point of appreciating the impact of that on women. We were blind to it. And I’m not being critical…
Etheridge: So it’s the women’s responsibility to bring it forward and to voice their opinions? And it excuses the men’s behaviour?Jill Coture is launching an Ontario human rights complaint after she alleged her boss sexually assaulted her while working as a waitress at his restaurant. The case has already gone through the Ontario court system and Global News anchor Farah Nasser gives a behind-the-scenes look into how the accused was sentenced in the criminal proceeding.
Westman: If the culture is to change, unfortunately somebody has to step up to the plate and make people aware. Can you fault a person if they come from another culture? In their culture it’s acceptable. In the new culture it’s not.
Don’t you think they have to be informed before they can be held responsible?
Etheridge: My only point, sir, is this court has been informed for many years that these issues have been alive. It’s not a recent new idea that’s now on TV with the United States.
These have been issues that have been tried before this court for decades. It’s not a novel concept. It’s nothing new and it’s not about educating starting now because it’s now on the TV. It’s just something that’s been around for a very long time, not only within our culture but within this courtroom.
Westman: OK, thank you.
After reading the transcript, Farrah Khan, manager of Consent Comes First at the Office of Sexual Violence at Ryerson University, said the exchange illustrates the need for more training around domestic violence and sexual harassment in the work place.
“We cannot continue to put the onus on the person that’s being harmed to have to fight for better working conditions, or fight for better treatment in the workplace. We have to all take that up… We can’t casually say ‘back in the day, this was okay.’ It was never okay, it’s just that there was less protection for women to speak out.”
Coture and her two colleagues have now filed a Human Rights complaint against Voulcaridis for lost wages and therapy costs that Coture said were incurred because of the alleged sexual assaults.
“The women are looking for justice,” said Marcela Slinin, Coture’s lawyer.
“Not just in a criminal context, they want to be made whole again… they want someone to condemn the accused’s actions.”
Voulcaridis is asking for the OHRC complaint to be dismissed because the matter has already been dealt with in court, according to documents responding to the application.
“The court determined that the conduct upon which the application is based was not the result of discrimination,” the documents said, adding “it was the result of a lack of appreciation on the part of Mr. Voulcaridis that his conduct was unwelcome.”
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