BC Supreme Court Rules Dad Can’t Stop 11 Y/O From Getting Sex Change


Check toolbar on right for globalism links (under counter). Also view the MASTERLIST.

All personal court appearances are under “BLOG
Fed Court cases are addressed on right under “Canadian Media”.


1. Important Links

CLICK HERE, for the text of decision.
CLICK HERE, for BC Supreme Court Rules (Family Division).
CLICK HERE, for the BC Infant’s Act.
CLICK HERE, for transgender regets.
CLICK HERE, for the case:
RJR-MacDonald Inc. v. Canada (Attorney General), [1994] 1 SCR

2. Review Of Ruling

Introduction
.
[1] Three applications are before the court.
.
[2] The first is by “A.B.” who was born on October 18, 2004. He is described as a transgender boy who was assigned female at birth.
He has commenced proceedings by Notice of Family Claim and now applies for various orders under the Family Law Act, SBC 2011, c 25, the most important one being that the court find it to be in his best interests to undergo medical treatment for gender dysphoria including hormone treatments.
.
[3] The second application is by C.D., who is A.B.’s father. He has filed a Petition now seeks an interlocutory injunction until April 5, 2019, when the Petition may be heard, by way of an order extending an injunction granted by the Provincial Court of B.C. that restrains gender transition treatments for A.B. until February 19, 2019. The order by the Provincial Court has been extended by this court until this decision is released.
.
[4] The third application is for an order anonymizing the names of some of the parties in these proceedings and counsel for A.B. and an order banning the publication of anything that could lead to the identification of the parties. A.B.’s mother is referred to in these reasons as “E.F.”
.
[5] These reasons reflect the brevity of the submissions made to the Court and the need for this decision to be released expeditiously.

Okay, three linked petitions:
A/ Child wanting to under hormone treatement
B/ Extending an injunction
C/ Privacy of the parties

Rule 10-9 — Urgent Applications
When Applications May Be Heard on Short Notice
.
Short notice
(1)
Without limiting subrule (6), in case of urgency, a person wishing to bring an application (in this subrule and in subrules (2) to (5) called the “main application”) on less notice than would normally be required may make an application (in this subrule and in subrules (2) to (4) called the “short notice application”) for an order that the main application may be brought on short notice.
.
How to make a short notice application
(2)
A short notice application may be made by requisition in Form F17, without notice, and in a summary way.
.
Rule 10-11 — Final Orders in Defended Family Law Cases
.
Final orders in defended family law cases
(1)
To obtain a final order, other than at trial, in a defended family law case begun by the filing of a notice of family claim, a party must apply by way of summary trial in accordance with Rule 11-3.

Under BC Supreme Court Family Rules, 10-9 allows parties allows applications to be brought on short notice, but stipulates that a summary trial (abbreviated trial) is the method that must be used.

“[11] A.B. was born on October 18, 2004. Since age 11, A.B. has gender identified as a male. He informed his school counsellor of that when he was 12 years old and in Grade 7.
.
[12] He is presently enrolled in Grade 9 at high school under his chosen male name and is referred to by his teachers and peers as a boy and with male pronouns. He has transitioned socially to being a boy. To respect his gender identity, in this decision, the court will refer to A.B. using male pronouns.
.
[13] With his mother’s help, A.B. sought medical assistance to allow him to begin a physical transition to a boy. He was seen by Dr. Wallace Wong, a registered psychologist experienced in treating children with gender dysphoria, on a number of occasions.”

I have sympathy for anyone with this condition. However, making permanent changes can do untold destruction and harm to adolescents who are still developing.

“[25]
Dr. Hursh expresses the view that the delay of hormone treatment is not a neutral option because A.B. is experiencing ongoing and unnecessary suffering and continued gender dysphoria. He opines that when youth are provided with affirming hormone therapy they may have an improvement of gender dysphoria and relief from other co-morbid mental issues. He says that they are also less likely to suffer from harassment and victimizations by others.
.
[26] Significantly, Dr. Hursh expresses his concern that continued delay in hormone treatment will place A.B. at risk of suicide.”

Except what will happen to the child if the dysphoria goes away? What if the child makes irreversible changes at 13 or 14, but then at 19 eventually “ages out” of it?

“[33] In her affidavits, A.B.’s mother states that she has serious concerns for A.B.’s well-being if he has to wait to begin treatment for his gender dysphoria. She says, “If his treatment is put on hold, I am terrified that A.B. will conclude there is no hope and will take his life.””

Again, I have sympathy for the child, but being suicidal if not allowed to modify a body in such an irreversible way?! There are bigger issues than just gender dysphoria.

[36] A.B. ’s father filed an affidavit with the court on February 11, 2019. He refers to a written agreement between him and A.B. ’s mother under the Family Law Act. Paragraph 1 of that agreement provides that each parent will exercise all parental responsibilities with respect to A.B. , “…subject to section 17 of the Infants Act, giving, refusing or withdrawing consent to medical dental and other health-related treatments for the child”

Here is section 17 of the Infants Act, which the Court is referencing. This relates to consent for medical treatment.

Consent of infant to medical treatment
17 (1) In this section:
“health care” means anything that is done for a therapeutic, preventive, palliative, diagnostic, cosmetic or other health related purpose, and includes a course of health care;
“health care provider” includes a person licensed, certified or registered in British Columbia to provide health care.
.
(2) Subject to subsection (3), an infant may consent to health care whether or not that health care would, in the absence of consent, constitute a trespass to the infant’s person, and if an infant provides that consent, the consent is effective and it is not necessary to obtain a consent to the health care from the infant’s parent or guardian.
.
(3) A request for or consent, agreement or acquiescence to health care by an infant does not constitute consent to the health care for the purposes of subsection (2) unless the health care provider providing the health care
(a) has explained to the infant and has been satisfied that the infant understands the nature and consequences and the reasonably foreseeable benefits and risks of the health care, and
(b) has made reasonable efforts to determine and has concluded that the health care is in the infant’s best interests.

The Judge also takes a shot at the Father, who opposes the medical treatment.

[43] There is some evidence that indicates the A.B. ’s father is somewhat disingenuous in seeking to present more scientific evidence relating to gender transition treatment. Rather, some evidence suggests that he has been delaying proceedings as a way of preventing his son from obtaining the gender transition treatment that he seeks.

The science is far from definitive. But even if it is true, the Father’s motivations are good, wanting the child to hold off longer, to see what develops. Remember, this is a child!

[50] Having said that, it still remains to consider whether further delay to allow the
father time to obtain more opinions is in the best interests of A.B.
.
[51] In my view it is not.
.
[52] The totality of the evidence regarding A.B.’s medical needs including the opinions of Dr. Wong, Dr. Hursh, Dr. Metzger, and Dr. Chapman, leads me to conclude that his hormone treatment should not be delayed further.
.
[53] The risks to A.B. of further delay have also been clearly identified by Dr. Metzger and A.B.’s mother both of whom are concerned that having previously attempted suicide, further delay may result in him attempting it again.”

The Judge doesn’t seem to realize that if the child is truly suicidal, other options should be explored at this point, rather than making body altering changes that will be irreversible.

Now, the Judge applies the case cited above: RJR-MacDonald Inc. v. Canada (Attorney General), [1994] 1 SCR 311, 1994 CanLII 117 (SCC), for some guidelines in applying the test.

[58] In view of the established law regarding the right of a mature minor to consent to medical treatment and the assessments of a number of physicians that A.B. has capacity to consent as well as the evidence of his health care providers that the proposed treatment is in A.B.’s best interests, there is no serious question to be tried.
.
[59] At the second stage of the RJR test, the inquiry is whether the litigant who seeks the interlocutory injunction would, unless the injunction is granted, suffer irreparable harm. A.B.’s father has not demonstrated that a refusal to grant the injunction would adversely affect or irreparably harm him.
.
[60] As to the third stage, I accept Dr. Hursh’s evidence that delaying hormone therapy for A.B. is not a neutral option as he is experiencing ongoing and unnecessary suffering from gender dysphoria. In my view the balance of convenience clearly favours
A.B.”

While certainly meaning well, the BC Supreme Court Judge fails to actually protect the child. Virtue signalling seems to win over child well being.

I have nothing against adults who are trans. But allowing children at this young age to do it amounts to child abuse.

It will be interesting to see if it is appealed.

Leave a Reply