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The father of a teenage girl who unwittingly received male hormones in British Columbia will appeal his conviction and criminal contempt fine.
CD, as he was known from court documents, pleaded guilty to the charges last week and was sentenced on Friday. He defied orders not to disclose details that would reveal the identity of his child or that of the doctors responsible for transgender treatment.
The father reached a plea deal with prosecutors who recommended a sentence of 45 days and 18 months of probation. However, Justice Michael Tammen of the British Columbia Supreme Court decided to sentence CD to six months in prison instead.
CD lawyer Carey Linde told the Western standard he hopes to get his client out on bail while he appeals the sentence.
âWe’re doing the bureaucratic legwork to try to get it out,â Linde said.
âIt depends on the position of the Crown. And they won’t take a stand until they read the judgment. And the judgment has yet to be released.
Linde thinks the punishment is excessive, especially given the plea deal.
âThe responses I get from criminal lawyers sayâ¦ it’s absurd,â Linde said.
In his ruling, Tammen said: âI do not accept that (the father’s) intention was other than to attempt to undermine the authority of the courts and the general administration of justice … Further, I reject expressly affirmation under oath (of the father) … no desire to share information that would harm (the child). “
Linde said: âThe judge went to the depths of law and order. Why? He gave a very reasoned argument, if you agree with him … justifying drastic measures.
In her ruling, Tammen said, âNo member of the public can decide when, under what circumstances and what court orders to follow … Unless and until the appeal is successful, court orders must be followed. They are part of the legal fabric of society and, therefore, of the law. Without the ability to enforce court orders, and if citizens were free to ignore them at will, there would be no democracy but anarchy. “
Linde thinks Tammen never understood what her client was trying to do.
âHe never understood it. He kept coming back and saying you can’t avoid the punishment, people are not free to go out and break the law because they think it is against their conscience. But that’s not what civil disobedience is, civil disobedience says, “I do this knowing and accepting to be punished.” So my client always knew he would get something.
In court, CD said: “I never went after my child for the choice she made to want to be a man … I only tried to prevent her from making a medical choice that she could. regret later. “
When asked if he plans to continue his campaign in the future, the father replied that he had already done his part, adding: “I’m passing the torch”.
Tammen granted CD 46 days in remand in custody to count towards the 180-day sentence. CD’s crowdfunding website, which contained materials in violation of court orders, had raised more than $ 50,000. Tammen ordered the father to donate $ 30,000 to a children’s charity within six months of his release from prison. Linde also plans to appeal the fine.
Linde said her client’s goal was to educate the public about “school programs [that teach gender fluidity and transgender concepts]; the Infant Act, which allows doctors to do what they do legally; and quick onset gender dysphoriaâ¦ You and I are talking, where we wouldn’t have been two years ago. These things are moving. “
Asked about his client’s mood after the long sentence, Linde said:
“Obviously he’s not happy, he prefers it not to happenâ¦ He doesn’t object to being sentencedâ¦”[but feels] he was singled out in one way or another, misunderstood …
âHe pleaded guilty. And his testimony was that he had accomplished what he intended to accomplish. He never asked for any of that. He was an accused … And he just wants to go back and live as much as he can the life he had before all of this happened to him.
Harding is a Western standard Saskatchewan-based journalist