VANCOUVER—In a ruling that’s being hailed as a victory for transgender youth, B.C.’s top court has reasserted the right of young people to undergo hormone therapy despite a parent’s objection.

But the decision Friday by the province’s Court of Appeal struck down a lower court’s finding that the father in this specific case had committed “family violence” by refusing to acknowledge his teenage child’s gender.

The now-15-year-old teen had been assigned as female at birth but has identified as a boy since age 11.

With the support of his mother and doctors, he wanted to start testosterone hormone therapy in the summer of 2018.

However, his father opposed the treatment and took the issue to court.

In their ruling Friday, the three judges called the father’s refusal to accept his son’s gender identity “troublesome.”

The dispute has caused “a rupture of what both parties refer to as an otherwise loving parent-child relationship,” the judges’ ruling said.

The ruling does not include names of family members and instead uses the initials “CD” to represent the father and “AB” to represent the boy.

“The evidence shows that his rejection of AB’s identity has caused AB significant pain,” the decision reads. “He clearly wants and needs acceptance and support from his father.”

AB’s lawyer, Barbara Findlay, said her client was “very pleased” with the ruling.

“This is a victory for trans youth who are entitled to get the treatment they need, even if their parents disagree,” she said.

B.C. Supreme Court, a lower court, had initially ruled in favour of the teenager in February of last year.

At the time, legal experts told the Star the decision meant parents would need to respect their children’s chosen gender, pronouns and name. It also set a precedent for transitioning youth across the province, suggesting that seeking medical assistance is a health decision and not a political or moral one that a parent can stop.

Friday’s appeal court decision does not change any of that, said Pat Shannon, a lawyer who specializes in family and anti-violence law.

But it does stop short of upholding the lower court’s assessment that the father’s behaviour constituted “family violence.”

The evidence suggests the father does not “deliberately intend” to harm his son, the judges explained.

The court of appeal did issue new conduct orders stating that the father must “acknowledge and refer to AB as male and employ male pronouns” and “identify AB by the name he has chosen.”

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The conduct orders also prohibit the father from expressing his opinion about his son’s gender identity to the media or any public forum.

These restrictions on the father’s freedom of expression were imposed with the aim of “preventing harm” to the son, the decision read.

“While of course CD is fully entitled to his opinions and beliefs, he cannot forget that AB, now a mature 15-year-old, with the support of his mother and his medical advisors, has chosen a course of action that includes not only hormone treatment, but a legal change of his name and gender identity.”

CD’s lawyer, Herb Dunton, said his client had not yet decided whether he would appeal the decision.

The judges’ comments around deliberate harm and “family violence” raised concerns for some legal experts. The suggestion that family violence requires intention “could really limit the scope of how courts will understand family violence,” said Raji Mangat, executive director at West Coast LEAF, which was an intervenor in the case.

“I’m curious to see how this judgment is going to impact future cases where there is family violence.”

Shannon, who goes by the pronouns they/them, said it’s proof the court was not taking violence against trans youth seriously enough.

“Sometimes, you need to make strong declarations of unacceptable behaviour. And not making a declaration, in many cases, for marginalized people, affirms the status quo, that it’s OK to behave this way,” they said.

“I’m concerned that’s the statement the court of appeal is taking here.”

With files from Tessa Vikander

Wanyee Li is a Vancouver-based reporter covering courts and conservation issues for the Star. Follow her on Twitter: @wanyeelii

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