BC’s father, who has been vocally criticizing the decision of transgender children to pursue hormone therapy, was handcuffed on Tuesday and was accused by a judge in a court that violated “permanently and consistently.” He was detained at least until the end of the week. The ordered publication prohibits limiting what he can say about the case.
This is the latest chapter in the transformation of a family law dispute into a quasi-criminal dispute, touching on topics such as children’s rights, custody and freedom of expression in the process.
The father was previously assigned to a woman at the time of court but was identified as a man and appeared in court in 2018 to prevent a teenage child with mother’s support from pursuing testosterone hormone therapy. did.
However, in January 2020, in a decision welcomed as a trans-use victory, the BC Court of Appeals reaffirmed the right of young people to make their own health decisions, allowing fathers to accept the gender identity of their children. I called it “troublesome” to refuse.
“Evidence shows that the rejection of his (child’s) identity caused serious distress (to the child),” the decision read. “(The child) clearly wants and needs the acceptance and support of his father.”
The decision also included orders for the father to “recognize (child) as a man, refer to it, and use the male pronoun” and “identify (child) by the name he chose.”
Instead of accepting the decision, the state’s crown prosecutor repeatedly appears on various online platforms to broadcast and publish information about the case, identifying the names of the parties involved in the case and details of the child’s medical condition. He claims to have violated a court order prohibiting him from doing so.
Last July, Crown Counsel filed with the BC Supreme Court seeking finding that his father had committed contempt of court. This is a crime that can lead to five years in prison.
The trial is set for next month.
But earlier this month, Crown Counsel took additional steps seeking an arrest warrant for his father, prompting a hearing on Tuesday in front of Judge Michael Tamen.
Prosecutor Daniel Plume outlined what he described as “abuse” and his father’s continued breach. He visited a fundraising website set up by his father to identify him by his full name, included a video clip showing his face, and declared that he was “fighting the far left based on the defense of civil disobedience.” doing. .. “
The site remains active after the arrest warrant is issued, Plum told the judge.
“He continues to (violate) despite the increasing danger to his freedom, despite the conditions,” Pluimu said.
The court-ordered ban on publication was designed to protect children, who may indicate suicide, prosecutors said.
“(Father) doesn’t care,” Plum said. “He thinks his position is more important … this is not the one who inadvertently does this. This is the one who continuously and intentionally ignores court orders.”
Unless he can make any plans to ensure that he respects the court’s orders, he should be detained until next month’s contempt of court, Mr. Plum said.
Defendant lawyer Carrie Linde argued that there was “no evidence” that any of his father’s public commentary had caused harm, and many in the community, including children’s classmates and neighbors, in the case. I already know the facts.
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“What’s the big secret?” Linde asked. “The genie is out of the bottle.”
Linde kept the arrest warrant until next month’s contempt of court and asked the court to release her father without bail.
He also expressed his intention to lift all court-imposed publishing bans, except those that ban the identification of family names.
Judge Tamen wondered why the application to remove the order had not been made before.
The judge, who appeared to be increasingly dissatisfied with Linde, has some thoughts on new conditions that Linde can impose on his father to convince the court that he will obey orders until next month’s trial. I asked if it was.
“It’s clear to me that he’s not ready to do so much to comply with court orders. Can we impose conditions that affect him to ensure compliance? ? “
Linde didn’t provide any details.
“This court absolutely appreciates freedom of speech, the ability of citizens to debate, and even intense and unpleasant debates … it’s not what this is,” the judge said.
“This is essentially about (children’s) psychological well-being.”
Tamen said he would make a decision on Friday. Until then, he ordered his father to be detained, causing the gallery to be ridiculed by some of his father’s supporters.
Use WanyeeLi files
A father who waits for a court decision and does not stop discussing opposition to transsexuality of a child who has acquired custody
