BC Supreme Court Justice Francesca Marzari has ruled that a father can’t call his child by their biological sex, but instead must refer to them as a “he” or face a “family violence” conviction.

The father who has objected to his 14-year-old child’s medically sanctioned testosterone injections could be arrested “without warrant” if he refers to his child by their original sex either in public or in private.

Although the child’s father opposes the medically induced transition, both the mother and healthcare practitioners at BC Children’s Hospital have encouraged the testosterone injections as a viable option.

The court has also ordered that the father’s statements to the media constituted family violence and that he no longer persists in calling his child by their biological sex.

“She is a girl. Her DNA will not change through all these experiments that they do,” said the father in a media interview.

According to court documents, the father would be punishable under Section 127 of Canada’s Criminal Code which prohibits anybody from disobeying an order of court.

Furthermore, according to the court order the father is not able to share any court documentation regarding his gag order or risk being imprisoned. The prohibition further extends to denying the father the right to share information about his child’s “sex, gender identity, sexual orientation, mental or physical health, medical status or therapies.”

The child has already begun regular testosterone injections at the hospital for the past two months despite the father’s fear that it would “disrupt her puberty.”

According to BC law, the Infants Act which was originally intended on giving youth the ability to consent to immunization shots without parental consent, was also cited in the original court ruling justifying the child’s consent to testosterone treatment.

Alongside the gag order relating to the child, the judge had also ordered that the doctor’s involved in diagnosing and encouraging the child towards transitioning be removed from the court record.

The next hearing regarding the the original ruling on testosterone treatment will take place on May 14.  

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