Jennifer Burke remembers how shocked, scared and violated she felt when Saanich police told her they had explicit photos of her that she did not know existed.
It was February 2016. At the police station that night, Burke learned she had been recorded by a camera hidden in the washroom of the Red Barn Market at Mattick’s Farm when she worked there as a cashier.
The officers showed her images from a Russian revenge pornography website with her name, a photo from her Facebook page and two photographs of her exposed genitals.
“It was pretty uncomfortable finding out that this happened. You don’t know how to react. It’s very traumatizing,” said Burke, a former Red Barn employee.
“It’s been hard to deal with … very unpleasant.”
On Tuesday, she and former Red Barn cashier Mallory Colter launched a class-action lawsuit against Red Barn and the employee who allegedly video-recorded them using the washroom.
Both women were nervous and close to tears as they recalled their meetings with police.
Their claim alleges that on multiple occasions and over lengthy periods, the employee installed a video-recording device in the washroom near the grocery store’s produce section. He recorded women when they used the toilet and in various stages of undress.
The surreptitious recordings, taken between 2009 and 2014, were posted online, paired with screenshots from their Facebook homepages so viewers could identify them, the claim alleges.
“We had hoped it would go through the criminal system, but it’s been two years and we just want to make sure that we could address it and have it come out so that potential victims are informed and everyone can deal with it and move on,” said Burke, who was able to identify at least six other women in the images. Five are former employees of the grocery store.
Saanich police Sgt. Jereme Leslie said police have been investigating voyeurism incidents involving a grocery-store employee for the past two years.
A suspect was arrested and released. No charges have been laid.
“A person came forward saying they had found possible images of themselves and they didn’t know how these images were out there. Through our investigative process, we were able to identify a number of other victims and we’ve contacted all those victims as well,” said Leslie, adding a number of search warrants have been executed and evidence has been gathered.
The investigation is ongoing. Nine victims have been identified, Leslie said.
“These are complex investigations. We want to make sure we have all the available evidence.”
Burke said she was frustrated and disappointed by how long the police investigation has taken. She and Colter hope the class-action lawsuit will encourage other people to come forward to ensure the person responsible is held accountable. Based on the images they viewed, they believe there are more victims.
“It’s really traumatic and really scary when something like this happens,” said Colter, 23, who was also told by Saanich police that they had explicit photos of her that had been posted online. There was a photo of her using the washroom at the Red Barn Market, a photo from her Facebook page and her name.
She was able to identify other employees, at least one of whom was underage, the claim alleges.
“I’m still learning how it affects my life. But I think this case and dealing with it right now is helping us move forward. We can cope.”
Both women are worried that the images have been copied and shared online.
The women started working on their case before the #MeToo movement, but the movement feels very supportive, Colter said.
“#MeToo is all about learning about the magnitude of sexual harassment. Our story is another story that deserves to be heard. I encourage any woman or man who has been sexually harassed to speak up,” said Colter.
The claim alleges that Red Barn Market owed a duty of care to ensure the washroom was a safe environment.
The claim alleges that the company failed to acknowledge the risks the suspect employee posed to fellow workers and members of the public.
The man was originally employed at another Red Barn Market. After a number of incidents, he was transferred to work at Mattick’s Farm, where there were many young female employees, says the claim.
The women claim that the company failed to address incidents involving the employee, who displayed a sexually charged and disrespectful attitude toward women and engaged in inappropriate and sexually harassing behaviour.
Red Barn Market issued the following statement: “We’ve been advised that a lawsuit (or lawsuits) have been filed, regarding a workplace incident. The matters referred to in the lawsuit(s) concern information that is private and personal. We must, and will, respect the rights of those involved to have their privacy respected and protected.
“At the appropriate time, we will respond in full to the matters discussed, but for now, we must decline to comment.”
