“A recurring theme throughout the proceedings has been that C.D. cannot, or will not, recognize the distinction between simply expressing his own opinions and doing so in such a way as to violate A.B.’s privacy — even though C.D. has claimed that he has no wish to hurt A.B.,” said Justice Mary Newbury, on behalf of a panel of three appeal court judges, in a 43-page decision issued Wednesday.
A subsequent ruling clarified that C.D. “was entitled to express his views about A.B.’s course of action towards changing his gender identity and name,” but could not publicly share identity and health information. C.D. still pleaded guilty; the Crown still recommended a 45-day sentence. The judge, however, said it was “woefully inadequate” in the face of the evidence. The judge said C.D. engaged in “the most egregious breaches of the anonymity orders and publication bans to date,” and sentenced him to six months in jail and ordered him to pay $30,000 to a children’s charity.Article content
He also complained his lawyer failed to properly advocate his case by “focusing significant portions of his submissions on transgender issues” and making “incendiary and inappropriate submissions.”
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