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“Gender Expression” Now Protected for Kids by Law

“Gender Expression” Now Protected for Kids by Law

In what is perhaps a controversial move, the Ontario government has recently passed legislation to allow children to be removed from their parents who opposed the child’s expression of “gender identity” or “gender expression”.

The Supporting Children, Youth and Families Act of 2017 received Royal Assent on June 1, 2017. Once passed, it will change or repeal/replace existing legislation and implement new requirements directing service providers and other entities to support a child’s choice of gender identity or gender expression.

These amended provisions are aimed primarily at courts, social workers, and adoption services. It mandates that when providing services or considering the best interests and welfare of a child, these entities must consider “race, ancestry, place of origin, color, ethnic origin, citizenship, family diversity, disability, creed, sex, sexual orientation, gender identity, and gender expression.”

It also prevents parents from challenging a child’s same-sex orientation, or with identification not with the gender that he or she was born, but rather the opposite one.

This directive gives rise to a corollary assessment as well: Whether a child should be removed from a home where the parents oppose a child’s declaration of his or her homosexuality or choice of “gender”. The principle behind this part of the legislation is that a parent who refuses to recognize a child’s preference in this regard is actually perpetrating abuse; the child’s removal from the home environment and into child protection facilities would prevent further abuse from occurring.

The new law is not without its controversy. Objectors claim that it represents an unwarranted incursion into the rights of parents, particularly those relating to religion, and embodies an “anti-parent” agenda.

What are your thoughts on these new changes?

For the full text of the new legislation, see:

Supporting Children, Youth and Families Act, 2017, S.O. 2017, c. 14.

At Russell Alexander, Family Lawyers our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders. For more information, visit us at RussellAlexander.com

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