The British Columbia court of appeal ruled Friday that a 13-year-old girl was old enough to consent to testosterone shots despite her father’s objections that his troubled daughter had been influenced by transgender advocates and did not understand the long-term consequences of her decision.
The appeal ruling released January 10 also placed the father under a “conduct order” effective until April that directs him to acknowledge his now 15-year-old daughter as a male, to use male pronouns when referring to her, and to call her by her chosen male name.
Under a publication ban on any information that could identify the names of the parties, the father is referred to as “CD” and the daughter “AB.”
“While of course CD is fully entitled to his opinions and beliefs, he cannot forget that AB, now a mature 15-year-old, with the support of his [sic] mother and his [sic] medical advisors, has chosen a course of action that includes not only hormone treatment, but a legal change of his [sic] name and gender identity,” reads the ruling of B.C .Court of Appeal chief justice Robert Bauman, Justice Harvey Groberman and Justice Barbara Fisher…
CD, who is separated from his wife and who went to court last year to stop his daughter’s transition, was appealing Superior Court justice Gregory Bowden’s February 2019 ruling that his opposition to his daughter’s transition constituted “family violence.”
He was also appealing Superior Court justice Francesca Marzari’s April protection order that threatened him “with immediate arrest if he tried to persuade AB to abandon testosterone treatment, if he addressed AB by her birth name, or if he referred to AB as a girl or with female pronouns to her or to anyone, publicly or privately,” noted ARPA.
The upside of the appeals court ruling was that the judges struck down Marzari’s ruling and substituted it with conduct orders, which, unlike protection orders, “are not criminally enforced,” ARPA noted.
They also threw out Bowden’s finding that CD’s opposition to his daughter’s transition was “family violence” under the Family Law Act as without legal merit.
But the appeal court upheld Bowden’s ruling that AB could validly consent to medical treatment under Section 17 of B.C.’s Infants Act, which has the “legislative intent” to “recognize the autonomy of mature minors and the expertise and good faith of the health care providers.”