Non-binary firefighter wasn’t discriminated against, witness testifies at trial

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Ottawa Fire Services firefighter Megan Hills disputed rookie non-binary firefighter Ash Weaver was ever on the receiving end of hateful or bigoted language or was targeted due to their gender identity during their time at Station 47 in Barrhaven.

On the second day of the judge-only trial for Eric Einagel and Gregory Wright, defence lawyer Dominic Lamb said Weaver’s police statement included some “awful and bigoted things” Einagel allegedly said while the two were in the middle of a dispute over washing dishes at Ottawa Fire Station 47 on Sept. 14, 2022.

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Einagel is accused of assault causing bodily harm in choking Weaver as well as harassment. The Crown alleges he threatened Weaver and caused them to fear for their safety. The incident was initially investigated by the Ottawa Police Service’s hate crime unit, but Einagel does not face hate-motivated charges.

Wright is accused of failing to take reasonable steps to prevent bodily harm against Weaver as well as disciplining Weaver, or threatening to do so, and adversely affecting their employment, with the ultimate goal of stopping Weaver from going to police about the alleged assault.

READ MORE: ‘It didn’t seem like him’: Trial begins for two over alleged assault of non-binary firefighter

Hills, who was a member of a fire crew along with Einagel and Weaver, is a key witness, as the alleged assault happened right in front of her.

Lamb said Weaver told police that, during the altercation with Einagel, “He said he hates me for who I am, and said he’s not OK with my gender and sexuality.” Weaver also told police that Einagel said they “wouldn’t last” at the station because of their gender identity.

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Weaver alleged this exchange happened in front of Hills as Weaver and Einagel traded hip-checks and shoves, part of a commonplace competition between junior firefighters over chores.

“Just so we’re clear, you’re right beside those two when it’s happening,” Lamb said. “And you never heard Eric say those things?”

Hills maintained she didn’t hear Einagel say anything besides, “Let me do the f—— dishes.” She added she had never heard Einagel use any sort of hateful language or say “anything close to that.”

When Hills was questioned by police, too, she reiterated several times that the crew at Station 47 was “always accepting and respectful” of their non-binary colleague.

Hills said Wright, as crew captain, met with each firefighter individually before the non-binary firefighter joined the team to make sure everyone would welcome them. “He said, ‘It doesn’t matter who walks through that door, everyone is a firefighter,’” Hills testified. “He was very welcoming that way.”

Joshua Clarke, Wright’s defence lawyer, suggested Weaver would “blame their non-binary status on things not working out to their liking,” which Hills agreed was sometimes the case.

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Hills previously testified that the seemingly good-natured hip-checks and shoving quickly escalated when Einagel put his hand on Weaver’s neck. But that lasted for only a second, she said, and Einagel attempted to apologize afterwards.

The defence cross-examination zeroed in on inconsistencies between Hills’ Monday testimony and statements Weaver made to police following the alleged assault.

Weaver’s police statement said Hills informed them that Einagel “lifted (Weaver) up and strangled (them) off the ground,” and “Eric shook, squeezed, and pinned Weaver against the sink with his body,” all of which Hills denied.

Hills also disputed that Einagel slammed Weaver’s head against the counter.

Following the alleged assault, Weaver’s statement said Hills told them to run and hide, which Hills also contested, instead saying she told Weaver to leave the area.

The extent of Weaver’s injuries were also scrutinized. Hills, who had been a paramedic before becoming a firefighter, denied Weaver ever mentioned that their jaw wasn’t closing and that they had sharp ear, head and neck pains.

Weaver also told police that Hills had discouraged them from making a complaint, which Hills also denied.

Weaver was expected to take the witness stand Wednesday, when the trial continued.

With files from Postmedia News

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