3 Comments

While this is all civil law w/ it's lower threshold, for some criminal liability could be considered. A couple of useful references: (1) https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=7314&context=jclc (2) https://slate.com/news-and-politics/2001/07/what-are-the-rules-for-experimenting-on-humans.html

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There are a multitude of causes for the mental state of a child, the treatment of which does not require surgery or a lifetime of suppressant medication. What would be considered proof that these other factors were explored and tried before referring the child for puberty blockers and surgery?

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Most (or all?) provinces exempt sexual assault and battery and misconduct of a sexual nature from the general limitation period. The Supreme Court of Canada has confirmed there need not be a carnal element or an aspect of sexual gratification in an act for it to be sexual in nature (R. v. V.(K.B.), 1993 CanLII 109 (SCC), [1993] 2 S.C.R. 857, disciplining a child by grabbing his genitals is sexual assault). Based on this, the two-year limitation period was found not to apply in a case of sexual assault where a woman experienced involuntary tubal ligation sterilization (D.E. (Guardian ad litem) v. British Columbia, 2005 BCCA 134). This decision has not been followed in other jurisdictions (and was rejected in MSZ v M, 2008 YKSC 73, 300 DLR (4th) 339), but it gives rise to the possibility that - at least in British Columbia - the two-year limitation period may not apply to detransitioners with well-founded claims of sexual assault or battery based on lack of informed consent.

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