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Difference between revisions of "Same Sex Relationships and Issues Affecting Transgender and Transsexual People"
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Same Sex Relationships and Issues Affecting Transgender and Transsexual People (view source)
Revision as of 00:10, 28 January 2020
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<blockquote>"I agree with Ms. findlay's characterization that this case is really about J.K. and his role in determining his own future. In my view, these issues cannot be properly considered without J.K.’s direct participation, nor would it be fair to J.K. for the court to attempt to do so."</blockquote> | <blockquote>"I agree with Ms. findlay's characterization that this case is really about J.K. and his role in determining his own future. In my view, these issues cannot be properly considered without J.K.’s direct participation, nor would it be fair to J.K. for the court to attempt to do so."</blockquote> | ||
In ''A.B. v. C.D. and E.F.'', 2019 BCSC 254, the court allowed the 14-year-old child’s application to undergo gender transition treatment. The father opposed the application. A major issue was whether the child fully understood the implications of his decision. | In ''A.B. v. C.D. and E.F.'', 2019 BCSC 254, the court allowed the 14-year-old child’s application to undergo gender transition treatment. The father, C.D., opposed the application. A major issue was whether the child, A.B., fully understood the implications of his decision. | ||
In allowing the application of the child, A.B., the court stated as follows: | In allowing the application of the child, A.B., the court stated as follows: | ||
<blockquote>"Having considered the form of consent signed by A.B. and the evidence of [his psychologist, his physician, and his psychiatrist] I am satisfied that A.B.'s health care providers have explained to A.B. the nature and consequences as well as the foreseeable benefits and risks of the treatment recommended by them, that A.B. understands those explanations and the health care providers have concluded that such health care is in A.B.'s best interests."</blockquote> | <blockquote>"Having considered the form of consent signed by A.B. and the evidence of [his psychologist, his physician, and his psychiatrist] I am satisfied that A.B.'s health care providers have explained to A.B. the nature and consequences as well as the foreseeable benefits and risks of the treatment recommended by them, that A.B. understands those explanations and the health care providers have concluded that such health care is in A.B.'s best interests."</blockquote> | ||
A.B.'s case has been before the Court of Appeal of BC three times since the 2019 decision by the Supreme Court. In ''A.B. v. C.D.'', 2020 BCCA 11, the Court of Appeal, in essence, upheld A.B.'s right to consent to gender transition treatment. Of note is that the Court did not take issue with the lower court's ruling regarding family violence. A.B.'s father kept referring to A.B. using female pronouns and using his birth name. The Supreme Court ruled that this behaviour constituted family violence. The Court of Appeal thought so too. | |||
===Child support=== | ===Child support=== | ||