A B.C. lawyer representing a father who was jailed for opposing his daughter’s medical gender transition now says he’s being investigated by the Law Society of British Columbia for misgendering.

Vancouver lawyer Carey Linde says he was issued two citations by the society “alleging, among other things, misgendering an unknown trans child and discussing the facts and medical history of this unknown child.” 

Linde was cited on Jun. 3, 2021 for three alleged breaches of conduct. Two of the citations relate to him speaking out about the AB vs CD trial, which has received international coverage.

The father involved in the case, known only in court documents as “CD” is attempting to prevent his underaged daughter –  “AB” – from undergoing a medically-induced gender transition. Last year, CD was arrested for criminal contempt and jailed after allegedly repeatedly breaking a publication ban on the case by speaking to various media outlets. 

According to the society, Linde also breached the publication ban on the case by “posting on-line, causing to be posted on-line or failing to remove from on-line” items that were covered under the judge’s order. Additionally he is being investigated for breaching a “Protection Order” in interviews he gave to the media.

In the said order, BC Supreme Court Justice Francesca Marzari called misgendering and denying gender identity a form of “family violence.” The order also restrained CD and his legal counsel from “referring to (his daughter) as a girl or with female pronouns,” either to the child directly or to third parties. 

Linde’s case is scheduled to be heard on May 16-18, but it has been closed to the public and media, a move Linde refers to as a “gag order.” 

“What happened to the elaborate campaign to sell the Law Society’s  new image freshly modern,  transparent, and visible fairness with hearings open to the media?” Linde wrote in an email to the society’s counsel. “How is that possible if its procedures and disciplinary hearings are not open to the public and the mass media? My license to vigorously defend constitutional rights to free expression of personal opinion is in jeopardy.”

Law society Director of Communications and Engagement Jason Kuzminski told True North that hearings can be closed to the public in order to protest confidential client information.

“Discipline hearings may be closed to protect confidential client information. The court orders are a core element of the allegations before the Tribunal, and the orders prohibiting publication are still in effect. As such, at a pre-hearing meeting the Tribunal made an order that the hearing be closed to comply with the court orders,” said Kuzminski in an emailed statement. “The allegations, which still have to be proven in hearing by the Law Society Tribunal, are that Linde acted contrary to Law Society Rules by breaching court orders, including orders prohibiting publication of personal information of a party to litigation before the court.”

On Mar. 27, Linde applied to have several documents produced for his defense and alleged that some involved in his hearing were biased. Adjudicator Lindsay R. LeBlanc turned down Linde’s application for the documents but has requested written submissions regarding the bias claims. 

True North has reached out to the Law Society of British Columbia and will update this story as information becomes available.

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