Saskatchewan Court Case

"Use of Preferred First Name and Pronouns by Students"

News from Saskatchewan, Canada.

Last month the government in Saskatchewan, Canada announced a new policy that parents would have to approve and consent for a child under the age of 16 to change their name and pronouns within the schools.

This week Gender Dysphoria Alliance was granted intervener status in the case and will intervene in the defense of the policy. A story on the intervener requests can be read here.

Today we bring you the Affidavit submitted in court by Gender Dysphoria Alliance Executive Director, Aaron Kimberly.

Photo by Colin Lloyd on Unsplash

I, Aaron Kimberly, MAKE OATH AND  SAY/AFFIRM AS FOLLOWS:

1. I am the Executive Director and one of the founding members of Gender Dysphoria  Alliance (“GDA”), one of the proposed interveners in the Notice of Joint Application For Leave to  Intervene, and as such, have personal knowledge of the matters and facts herein deposed to,  except where stated to be on information and belief, and where so stated I verily believe the  same to be true.

2. As Executive Director of GDA, I am duly authorized to swear and submit this Affidavit in  support of GDA’s application to intervene in this proceeding.

Gender Dysphoria Alliance

3. GDA was registered in February 2021 and has been influential in bringing awareness to  the facts about gender dysphoria (“GD”) internationally since its inception. GDA’s leadership  board consists of transsexual adults, and our advisory board is a panel of leading researchers  and subject matter experts. Our advisory board is comprised of academics, psychiatrists,  psychologists, physicians and others with relevant expertise. Attached hereto to this my Affidavit  as Exhibit “A” is a list of the individuals on our leadership board and our advisory board. GDA’s primary goal is to inform the conversation about GD from an evidence based-model, so that fair  and reasonable accommodations can be made for those with GD, while balancing the rights of  others. We are also advocating for reforms to our healthcare system. We believe that departures  from sound evidence have led to missteps in policy and healthcare in ways that are harmful to  persons with GD and society generally. Attached hereto to as Exhibit “B”, is GDA’s registration  info. 

4. Our activities include production of educational content such as a podcasts, short videos,  printable materials and essays. We are regularly interviewed by journalists and have built  relationships with other organizations such as LGBT Courage Coalition, Genspect, Foundation  Against Intolerance and Racism and The Gender Exploratory Therapy Association. We have  advised politicians at a national and provincial/state level. For example, I provided testimony in  support of the Georgia Green Party’s commitment to balance trans rights and women’s rights. I  also provided testimony in an Ontario human rights case against an Ontario school board after a  teacher informed a class of 6-year-old students that “there are no such things as girls and boys”.¹ GDA also lobbied for changes to Canada’s poorly crafted conversion therapy legislation, as it  applies to GD. And we have briefed policy-makers on flaws in the provision of health care to  persons with GD. We have also attended clinical conferences as guests and speakers, including  a recent clinical conference in Finland regarding the competent, safe and ethical treatment of GD in youth. I was a panelist on the topic of aetiologies of GD. 

5. As a group of members of the gender dysphoric community (inclusively those of the non transition, pre-transition, mid-transition, post-transition, and de-transitioned states of surgical and  hormonal intervention) we are concerned about the direction that gender medicine and activism  has taken. The GDA platform was created to give those with GD who share our concerns a place  to learn, network, teach, and tell their own stories. 

6. GDA believes that GD is a multi-faceted, multi-causal and multi-correlative condition. GD  is associated with homosexuality, autogynephilia, certain intersex conditions, sexual abuse and  autism. 

¹ N.B v. Ottawa-Carleton District School Board, 2022 HRTO 1044.

7. As a transsexual person myself, and someone who is connected to many transsexual  people as part of my livelihood, I am aware that treatment of GD can involve psychotherapy,  hormonal treatment, and surgical intervention. GDA believes that counselling can be helpful to:

a. improve coping skills and reduce distress;

b. explore an individual’s cross-sex identity and how it developed;

c. discuss non-medical options for managing GD; 

d. explore whether or not GD can be integrated into an individual’s identity without  needing to change the body medically;

e. identify things that may be contributing to an individual’s GD;

f. improve social skills and supports;

g. address any other concerns an individual with GD has with their over-all mental  health;

h. help with family or social conflicts; and

i. to prepare you for medical treatment, if needed.

GDA’s Interest in this Litigation

8. GDA is interested in, and applies to intervene in this proceeding because of the  significant implications this case has for the rights of hundreds of thousands of parents/guardians  across Saskatchewan and its resulting persuasive implications to millions of parents and children  across Canada. Specifically, GDA is concerned that the arguments of the Applicants will lead to clinical interventions such as social transition without appropriate and competent clinical and  parental oversight at crucial times in young children under the age of 16. Additionally, GDA is  concerned that this case will have broader implications across the country to the endangerment  of gender dysphoric children. 

9. As members of the gender dysphoric community who are concerned about the direction  that gender medicine and activism has taken, GDA takes a significant interest in the outcome of  this matter. In our experience and knowledge, the Affirmative Care model (as discussed in the  Affidavit of Dr. Travers), which exclusively recommends social and then medical transition for  individuals experiencing GD, creates a significant risk of considerable harm to children. The  situation becomes exceedingly dangerous when coupled with an approach that removes parents  and guardians out of the picture. As a group of gender dysphoric individuals who each have their  individual experiences and concerns, and some of whom, like myself, have children, we hope to  find a sensible outcome to this matter.

Submissions of GDA

10. I have reviewed the materials filed by the Applicant, UR Pride Centre for Sexuality and  Gender Diversity (“UR Pride”) in support of its application for injunctive relief against the  Government of Saskatchewan’s newly implemented 2023 “Policy – Use of Preferred First Name  and Pronouns by Students” (the “Policy”). 

11. GDA endorses the following positions in light of its important experience and expertise:

a. Canadian law recognizes parents as the primary decision makers of their children for  all significant decisions, including being charged with the responsibility for the education and moral upbringing of their children. 

b. A parent’s right to exercise decision making authority regarding their children involves  being informed and involved in important decisions or any significant developments in  their children’s social behaviour at school, absent demonstrable necessity of risk of  harm on a case-by-case basis. 

c. Some children have a heightened risk to experience distress about their gender  identity because of their development, unique personal circumstances or vulnerabilities. 

d. Adults and peers in school systems can have a significant influence on children’s  self-perception, including about their gender identity.

e. The best interests of children, including their legal and constitutional rights, are  protected by the informed involvement of their own parents. 

12. If granted the ability to intervene, GDA is able to provide meaningful submissions to this  Honourable Court on the irreplaceable role of parents in understanding the unique underlying  potential causes of GD in their children, which others, including educators and school personnel may not be privy to. GDA is also able to provide information about gender diversity with respect to  evidence, best clinical practices and multicultural understandings of gender non-conformity. This  information is crucial to understanding why parents and competent clinicians must be involved in  decision-making regarding a given child’s treatment of GD, gender non-conformity, or gender related distress of various origins, as it could have life-long implications for the child’s wellbeing.  A meaningful decision-making process must begin with an accurate understanding of the  condition, at different developmental stages which necessitates the involvement of children’s  primary caregiver(s): their parent(s)/guardian(s).

13. When combined with a broader and more nuanced examination of the available relevant  data, scientific discourse, and other discourses in relevant fields (which I imagine will necessarily  be entered into the record by the original parties) our collective lived experiences paint an  important and multi-faceted picture of the multi-causal issue that is GD, which merits a careful  examination given its centrality to this litigation.

14. GDA’s submissions will be informed by its unique insight as an organization organized  and operated by transsexuals, with 2.5 years of experience working to protect the rights of those  with GD in Canada and internationally by providing evidence-based information about the  condition and its known pathways. This insight and experience will assist in providing the Court  with a useful perspective on the implications of the legal issues at stake in the matter. 

My story as a person with gender dysphoria

15. Besides my role as Executive Director of GDA, I am a Registered Nurse with a  specialization in mental health and have worked within youth gender medicine. Attached hereto to this my Affidavit as Exhibit “C” is my nursing license. I am a surgically  transitioned transgender man. I was born female with a rare ovotesticular disorder of sex  differentiation (DSD).

16. I am familiar with much of the scientific, political and philosophical literature that relates to  transgenderism, GD, Queer Theory and other related topics.

17. I am a begrudging but perhaps necessary exemplar of my community. I was born as a  biological female in 1973 and grew up in a small farming community. From an early age, I  perceived myself as a boy. My parents would buy me “girl” toys, which I would mostly ignore in  preference to my brother’s toys. I look miserable in my kindergarten class photo because my  mom made me wear a frilly shirt. When swimming, I wanted to wear swim trunks, not a swimsuit.  My Halloween costumes included characters like Smurf, Superman, Michael Jackson, and Gene  Simmons. I looked and acted so much like what others expect of boys that I was accidentally put  onto a boys’ baseball team one summer – which I thought was great! When we played Star Wars  in the playground, I was Luke Skywalker – never Leia – which no one seemed to mind. I was one  of the boys. This social arrangement lasted until puberty, and then all the rules changed. I was  attracted to girls, none of whom took any notice of me. My guy buddies started to either flirt with  or ignore me. I had no idea why I perceived myself as male. It was confusing and embarrassing,  a sentiment that is echoed with many of our members in their formative years.

18. At age 19, I had surgery to remove a grapefruit-sized cyst from one of my ovaries. The  surgeon said that my ovary was unrecognizable as an organ, so it was sent for biopsy. It was  discovered to be a mix of ovarian and testicular tissue, an intersex condition known as an  ovotesticular disorder of sex development. The surgeon seemed embarrassed for me and reassured me that the offending organ was gone, so I should just forget about it. This both  validated and further confused my perception of myself. I did not tell anyone about this at the  time. I’ve since learned that most people with an OT-DSD live as men due to the masculinization  caused by our natal testosterone levels. 

19. I tried to live with my GD as a young adult, and identified as a lesbian, though it never felt  right to me, and I was not happy. I experimented with ways to express my masculinity. I changed  my name to Aaron when I was 22.

20. I did not even know how to explain what I felt to people and felt ashamed of it. I also did  not know back then that medically transitioning was possible, and when I did learn about it years  later, it seemed far-fetched and risky. 

21. In the early 2000s, I moved to Vancouver and met a few trans people. Then around 2007,  I saw a documentary on TV about trans kids which resonated with my experience of GD, so I  decided to transition. I do not really regret that decision, because I do feel a lot more comfortable  living as a man, but it has not been easy. As I have gotten older, I care less about whether I am  male or female. I do not believe in radical gender politics or Queer Theory. 

22. Even if people do decide to transition, people with GD need counselling to help them  understand GD and deal with it in reality-based ways. “Affirmation” is not the same as giving us  answers about why we feel the way we do as transsexuals. When I went to see doctors for help,  I assumed they understood exactly what this condition is, how it manifests and what treatment is  most helpful. I have learned that the truth is far different: doctors often are guessing, and do not  have concrete answers regarding GD. I was not informed by the physicians I saw about the vast  amount of research by psychologists like Dr. Blanchard and Dr. Zucker; the doctors I encountered  presented medical transition as the only real option, which was a disservice to me, and to many  other people with GD. The failure to apprise patients, especially children, of all viable treatment  options on the medical side, is mirrored by the one-size-fits-all orthodoxy pushed on children  regarding social transitioning. Children are often told by activists and those who believe Queer  Theory that they are in the wrong body, and that the only way to address this “fact” is to socially  transition to a different gender. The reality is that there are many reasons why a given child may  be experiencing GD, and there are many different options for treatment that do not involve social  transitioning and genital surgery. 

23. Because of the one-sided narrative that is often pushed on young people with GD, GDA’s  position is that parents absolutely need to be involved and aware of behavioral changes in their  children.

24. Knowing what I know now, if I were back in my pre-transition state, I would have gone to  more counselling first and learned more about what GD is and what all of my options were.  Unfortunately, it is even harder to get that kind of information today given the prevalence of the  Affirmative Care model. I thought I knew everything I needed to know when I decided to undergo  surgery, but I did not. I was just so desperate to feel better and fit in that I was not really thinking  straight. 

25. I feel okay about my choices now, but I am not sure they were all necessary. Of the  transitional procedures and hormonal regimens that have been performed on me, I do regret getting bottom surgery done because I had complications and the outcome is not what I  expected. Bottom surgery is the surgical creation of a pseudo-phallus using tissue removed from  other areas of the body. I feel I was misled about what to expect. The bottom surgery actually made my dysphoria worse not better; better and more realistic pre-surgery clinical care could  have prevented this issue. I have learned my disappointment and experience is hardly unique. 

26. It is great that people value diversity but, by embracing the militant transgender narrative espoused by UR Pride, people are embracing and promoting practices that objectively harm  others, especially children such as:

a. embracing and promoting the idea and reality of traumatized girls altering their bodies  to feel safer as transmen;

b. celebrating people fleeing homophobia via transition;

c. praising people who use the medical system to manufacture imaginary personas of  all kinds; 

d. applauding people who are using those of us with a medical condition to advance  their own political and capitalist agendas; and

e. institutionalizing the recruitment of children into this movement, many of whom will  alter their healthy bodies needlessly.

27. I do not want my own kids to be captured by this. There are many stories that are like mine and yet are unique.

The stories of gender dysphoric individuals inform our views and contribute to our unique  expertise

28. The GDA website at “https://www.genderdysphoriaalliance.com/” (“Website”) contains the  stories of many others that inform the overall views and positions of GDA. GDA provides a safe  space for individuals with GD who hold views that critique or are contrary to Queer Theory or  other reductive approaches to GD.

29. Attached hereto to this my Affidavit as Exhibit “D” is the story of the current GDA  Director of Operations, Aaron Terrell, as posted on the Website. I have been informed and verily  do believe due to my personal relationship with Aaron Terrell and from the Website that Terrell “is  an American transman interested in the causes of GD as well as the sociopolitical trends that  facilitate medical transition.”

30. Attached hereto to this my Affidavit as Exhibit “E” is the story of current GDA Director of  Education, Janet Scott, as posted on the Website. I have been informed and verily do believe due  to my personal relationship with Janet Scott and from the Website that Scott “has worked in  education for over 20 years” and “medically transitioned in 2016-2017.” 

31. Attached hereto to this my Affidavit as Exhibit “F” is the story of one, Lauren Black, as  posted on the Website. I have been informed and verily do believe due to my personal  relationship with Lauren Black and from the Website that Black is a butch lesbian who lives with  GD. But, she does not believe that her “deep discomfort with her female body” means that she  “should take steps to change it.”

32. There are many other stories and lived experiences on the Website. And we are privy to  many other non-public stories that, along with our knowledge of the academic literature, inform  our views and expertise. We trust that these views and expertise will be meaningful to this Court.

Different Submissions

33. If admitted as an intervenor, GDA will provide submissions from its unique perspective as  a third-party entity comprised of GD persons that is concerned with:

a. the broader implications of the special vulnerability of young persons experiencing  GD or who are susceptible to experiencing GD; 

b. the single-minded treatment options promoted under the Affirmative Care model; and 

c. the general rule of isolation from parents that some schools, school districts, and  individual teachers have chosen for young persons with GD. 

34. If admitted as an intervener, GDA would take no position on the constitutionality of the case.

Please send your submissions to LGBTcouragecoalition@gmail.com