Dunton Law Media Release: March 12, 2019


A justice of the British Columbia Supreme Court on Feb 27, 2019 dismissed a father’s application to delay the Gender Clinic at the B.C. Children’s Hospital from administrating puberty blockers and testosterone to his 14 year old child to treat the child’s gender dysphoria, until the court reviewed up-to-date scientific evidence concerning the proposed treatment.

The father sought only some time to assemble expert scientific evidence to assist the court in determining whether gender transition treatment was in the child’s best interests. The chamber’s judge did not allow the father time to assemble the scientific evidence, and instead ordered that:

It is in the best interest of the child that “he receive the medical        treatment for gender dysphoria recommended by the Gender Clinic                 at BC [Children’s Hospital].”

        the child [“assigned female at birth”] be acknowledged as male and        referred to as male and by his chosen male name “both generally and        in these proceedings”;

        any attempt (presumably by the father) to persuade the child to        abandon the treatment, addressing the child by its birth name, referring        to the child as a girl, or with female pronouns whether directly to the        child or to third parties shall be considered family violence under the        Family Law Act;

        the child is entitled to consent to the medical treatment for gender        dysphoria without parental consent;

        the child is entitled to apply to change legal name and gender without        parental consent; a publication ban on using the real names of either        parent or the child or communicating anything that could lead to        discovering their identify.

Judgment linked here.

Counsel for the child produced opinions from pediatric endocrinologist Dr. Brenden Hursh and psychologist Dr. Wallace Wong opining the child was mature enough to understand what they were asking for and therefore did not need the consent of their parents. The mother of the child supported the child. The father argued the child had a history of mental health challenges and was for that reason and because of immaturity, incapable of understanding the real and lasting effects of medical trans gendering.

An American online newspaper quoted the father:

“The government has taken over my parental rights,” he said, “They’re        using [Maxine] like she’s a guinea pig in an experiment … Is BC        Children’s Hospital going to be there in 5 years when she rejects [her        male identity]? No they’re not. They don’t care. They want numbers.”

On January 18, 2019 The National Post wrote a story in its Canada wide newspaper: Who gets to decide when a 14 year-old wants to change gender? The child, the hospital, the battling parents?

The father produced expert medical opinions from Dr. Quentin Van Meter of Atlanta and Dr. Miriam Grossman of Airmont, New York. (affidavits attached) Both experts warned of the deficiencies underlying the science in support of gender transition treatment, the profound harms that the child can expect to experience, and the unsatisfactory outcomes that have been reported concerning the treatment. The suicide rate for youth who transgender is stated to be 19 times that in the general population. An unknown but rapidly increasing number of youth who transgender are seeking to reverse the process.

The father’s lawyer, Herb Dunton, who attended the hearing, and Vancouver lawyer Carey Linde, who joined the case after the judgment came down, point out numerous critical deficiencies in the three-page “Informed Consent” Form signed by the child. The form also falsely states “both parents’ consent” to the treatment for the child.

The father has filed an appeal from the judgment in the British Columbia Court of Appeal in Vancouver.

On March 5, 2019, lawyers brought an application without notice before a different Supreme Court judge alleging that the Federalist, an American media company, in an online publication had breached the Canadian ban on publishing the child’s preferred name. (The Federalist had already altered the name in its story.) The lawyer also wanted a specific order directed at the Federalist to abide by the Canadian order. The judge granted the order.

Lawyers for the doctors and the hospital will be back in Court March 15, 2019 seeking orders that all the names of the doctors and other persons involved in the child’s decision to trans gender have their names removed from the documents and be replaced by letters as is the case with the mother and father and child. They all claim fear of reprisals. The father is expected to argue that all of these individuals already have very high public profiles in the trans gender medicine community. They should have the courage of their convictions and not seek to be coddled and hidden under the robes of judges.

At the upcoming March 15, 2019 hearing, lawyers will also seek orders preventing the father from discussing the case with anyone.

The doctors involved are trying to erase all evidence of their involvement from public view by asking the court to anonymize their names. The father believes that tax payers have a right to know how their money is being spent and the identity of doctors who are profiting from the gender transition of children, and who are promoting the treatment. The father wants all of the scientific evidence concerning gender transition medical treatment to be brought into the open before the court and the public, and he believes that these medical professionals who have communicated so openly up until now about this subject must play a key role in providing that evidence.

The father says that further evidence of the glaring deficiencies and omissions in the process followed by the professionals in this case, particularly concerning the ‘informed consent’ of his minor child, is forthcoming, along with additional expert reports concerning the suitability of the treatment for his minor child.

Likely defendants in the class action planned by the father are the doctors and health care personnel involved with the BC Children’s Hospital Gender Clinic together with others who are believed to have participated in the failure of gender transition treatments. Patients of any age who signed deficient ‘informed consent’ forms and went on to experience negative and improperly disclosed consequences from gender transition treatment, and the families of those who committed suicide following such treatment, may be entitled to damages from the defendants’ negligence, and are invited to contact lawyers Herb Dunton or Carey Linde.

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Herb Dunton Cel: 604 546-7427, Email: DuntonLawOffice@gmail.com

Carey Linde Cel: 604-375-7794, Email: genderrights4parents@gmail.com