Zimbabwe immigrant Charles Kokanai Mzite Complains his Rights were Violated…

Charles-Mzite-convicted-of-aggravated-sexual-assaultHuman Beings are a strange and hypocritical lot.  Zimbabwe immigrant Charles Kokanai Mzite drove that point home when he filed a human rights act complaint against BC’s Wilkinson Road Jail for treating him unfairly.

Why does that make Charles Mzite a hypocrite?

Mzite is currently serving a 10 year prison sentence for knowingly and intentionally having unprotected sex with four Victoria area women when he knew he was HIV-positive.

He repeatedly violated the rights of four women, placing them all under a potential death sentence, and he did so willingly.  He gave no thought to the consequences to those women or the catastrophic effect his selfish acts would have on their lives.

He misled and outright lied to these women to convince them he was not HIV-positive, and kept denying it until he was arrested.  At that point he finally admitted he knew he was HIV-positive and had known it as far back as 1995.

What an utterly depraved specimen of humanity and a repulsive example of manhood.

In 2009 he was tried and convicted of 4 counts of aggravated sexual assault and sentenced to 10 years in prison.  The full weight of his crimes are hard to fathom, although Justice Simon Noël does an admirable job.

[6]               In May 2001, the Applicant came to Canada with the assistance of a Canadian woman he had met in Zimbabwe. He was initially planning on staying in Canada for six months. His relationship with this woman lasted two weeks. They formed a dance troupe in Victoria, B.C. His group acquired notoriety and it was invited to perform for Oprah Winfrey in 2007.

[7]               In July 2001, the Applicant tested positive for HIV in Victoria, B.C. but never attended at the clinic for the results. The Applicant submits that he phoned the clinic and that they told him everything was fine and that he was asked to come in for post-test counselling, which he did not do.

[8]               Six months after his arrival, the Applicant claimed refugee protection on the basis of his political opinion. The Applicant had refused to join the ruling political party in Zimbabwe, the Zimbabwe African National Union-Population Front [ZANU PF]. He stopped attending meetings of that political party and started to attend meetings of the opposition, the Movement for Democratic Change [MDC] party. He believed that his absence from the ZANU PF meetings was noticed as he is well-known in Zimbabwe because of his membership in a popular dance troupe. The ruling party wanted him to publicly support it.

[9]               In November 2001, the Applicant married a woman (Complainant #1) who he met at the airport in Canada in May 2001. He denied being HIV positive and had unprotected sexual intercourse with her. Their relationship ended in May 2002.

[10]           In April 2002, the Applicant began a relationship with another woman (Complainant #2) who also asked him if he was HIV positive. He said that he was not.

[11]           On October 7, 2002, the Refugee Protection Division determined that the Applicant was a Convention Refugee. On April 3, 2003, he applied for permanent residence.

[12]           In the summer of 2003, the Applicant began a relationship with another woman (Complainant #3). Again, he was asked if he was HIV positive and he answered that he was tested for immigration and that he was not.

[13]           In the summer of 2004, the Applicant began a relationship with yet another woman (Complainant #4), and again, he told her that he was HIV negative.

[14]           In August 2004, Complainant #3 tested positive for HIV and told the Applicant the following month. In November 2004, the Applicant tested positive for HIV again.

[15]           In July 2006, the Applicant apologized to Complainant #3 and told her that he had tested positive in 1995 when he had applied for a visa to China.

[16]           On September 6, 2007, the Applicant was arrested and incarcerated and has remained incarcerated since then. When questioned by the officers, he admitted knowing to be HIV positive since 1995. He was charged with four counts of aggravated sexual assault to which he pleaded not guilty.

At the end of that sordid history this degenerate has the nerve to say prison officials violated his rights.  It’s laughable and absurd, and thankfully BC Supreme Court Justice Harry Slade agrees.

The BC Human Rights Code requires all complaints to be filed within 6 months of an alleged violation.  Mzite waited much longer than that to file his complaint, over 2 years.

[54]        As an adjudicator of the particular claim before it, the investigation of practices at VIRCC that resulted in interruptions of medication would be directed to the period of Mr. Mzite’s incarceration.  If a discriminatory practice was found to exist at the time, it could not be assumed that any remedy individual to Mr. Mzite would have remedial consequences for others in his circumstances after a lapse of two years from the date of Mr. Mzite’s release from VIRCC.  The weight given to the allegation of systemic discrimination in determining the public interest in accepting this extremely late-filed complaint suggests an improper purpose, namely an investigation into the practices of the provision of medication to prisoners at VIRCC as of December 2010 and later, at least twenty months after the discriminatory acts alleged by Mr. Mzite.  This, coupled with the aforementioned errors in assessing the reason for delay, I find is patently unreasonable.

Mzite’s original complaint alleged that prison officials denied Mzite access to anti-viral drugs repeatedly during his 2-year stay there while he as awaiting trial on multiple charges of aggravated sexual assault.

True to form, BC Human Rights Tribunal member Marlene Tyshynski allowed the complaint because she felt it was “in the public interest to do so.”  In her written decision Tshynski said the following:

[56] Mr. Mzite’s complaint raises a novel issue by a uniquely-positioned and very vulnerable individual, that is, a prisoner who is HIV positive and reliant on VIRCC Staff for Medication. I agree that this complaint offers the Tribunal a rare opportunity to address this novel and serious allegation. The systemic component of Mr. Mzite’s complaint alleges that there are currently other prisoners in the custody of B.C.

Corrections/the Ministry who face an interruption in their access to Medication. In my view, the individual and the systemic allegations in this complaint raise an issue that, if proven, could advance the purposes of the Code, in particular, preventing discrimination prohibited by the Code, and identifying and eliminating persistent patterns of inequality associated with discrimination prohibited by the Code. I consider these factors exceptional and that they weigh strongly in favour of the public interest.

[57] Considering and weighing all of the factors, I find that Mr. Mzite has established that it is in the public interest to accept his late-filed complaint.

Uh huh.

If his complaint was so “novel and serious” then there is no reason why Mzite couldn’t file it within the allotted time period, is there?  Making exceptions to these deadlines, such as Marlene Tyshynski did, serves no purpose other than, perhaps, pushing a personal or organizational agenda.

In brighter news, Charles Mzite will be deported from Canada.

He attempted to have the decision reversed by judicial review, but the man convicted of 4 counts of aggravated sexual assault clearly misdiagnosed his value to Canada and the revulsion the Honourable Mr. Justice Simon Noël would have with the heinous and callous disregard Charles Mzite has for women’s safety.

[3]               The facts of this case speak for themselves. The Applicant had a private relationship with four different women and despite being asked by each of them whether he had HIV, he answered negatively and proceeded to have sexual relations with each one of them. One of these encounters even lead to him contaminating one of the women with the virus. He was convicted of four counts of aggravated sexual assault.

It was CIC’s opinion that he still constitutes a danger to the public in Canada. For the purposes of a judicial review, I see no reasons in law or in fact to disagree with this finding.

In addition, CIC found that country conditions in Zimbabwe have changed considerably, that the Applicant’s profile has changed over time and that his past political affiliations no longer exist. It was also determined that the quality of HIV medical care available in Zimbabwe was adequate. Therefore, CIC concluded that it is unlikely that the Applicant would face a risk to his life, a risk of cruel and unusual treatment or punishment, or a risk of torture upon his removal to his country of birth.

I have identified no flaws in the analysis made by CIC to arrive at this conclusion.

Finally, CIC also found that the Applicant did not demonstrate a degree of establishment in Canada, be it social or economic, that would cause a disproportionate hardship should he be ordered to return to Zimbabwe. Again, the analysis followed by CIC is in accordance with what is legally required in such a situation.

There is no reason for this Court to intervene.

Amen. 

Send this degenerate back to his homeland.  Canadian taxpayers shouldn't pay the tab for this depraved scumbag's medication or his incarceration.

 

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