The case of Jessica Yaniv proves that compelled speech is toxic
The Post Millennial has been following the Jessica Yaniv story closely for weeks now. And we make no apologies for our repeated coverage. It is a story of a single, vexatious human rights litigant attempt to ruin the lives of more than a dozen Vancouver area estheticians—most of them women, and many of them poor immigrants working out of their own homes—by forcing them to (literally) handle her penis and testicles under the guise of trans rights.
It is also a story about policy and law because Yaniv waged her whole shakedown campaign only because Canada has rushed into a policy of unfettered gender self-identification, which allows any person reading this to demand treatment as man or woman by, in effect, snapping their fingers and declaring them so. While the vast majority of trans people in Canada apply this power of self-identification in good faith, a few do not.
Jessica Yaniv was arrested for the assault of a Canadian journalist on over the weekend. According to Keean Bexte, the journalist who was assaulted by Yaniv on camera outside of the B.C. courts on January 14, 2020, Yaniv spent time behind bars on the charge of assault. She may face up to five years for the assault.
There was widespread speculation that Yaniv was arrested over the weekend, but The Post Millennial and other outlets were unable to verify the claims at the time. Bexte, being the alleged victim in this particular case, was able to confirm the arrest Wednesday afternoon.
When reached for comment, Bexte said, “Yaniv has been ordered to cease all contact with me, both directly and indirectly. I can’t wait for the day when Yaniv is put away for the long haul. He is dangerous and unpredictable.”
Even if Yaniv is behind bars, the civil litigations brought by Bexte and Hamm against Yaniv for assault and defamation respectively can proceed. According to Bexte, Yaniv would be court-ordered to appear for the civil litigations as planned.
Yaniv was released back into the community after the arrest and will appear in court in February. She will also appear in court in February for two prohibited weapons charges.
Note: An earlier version of this story incorrectly identified the JCCF as representing Amy Eileen Hamm in litigation. Hamm is being represented by Carey Linde and lawyer Jay Cameron. The Post Millennial regrets the error.
Counselling your child against serious health risks of changing gender not 'family violence': BC court ruling
Lawyer John Carpay is President of the Justice Centre for Constitutional Freedoms (JCCF.ca), which intervened in the BC Court of Appeal in the case of AB v. CD.
In the case of AB v. CD, the BC Court of Appeal has allowed a 15-year-old female-born minor to continue receiving puberty blockers and testosterone, which will likely lead to the irreversible destruction of the minor’s sexual function and fertility.
The Court has deemed AB to be sufficiently mature to consent to the risks of taking testosterone, about which the BC Children’s Hospital has warned: heart disease, high blood pressure, diabetes, decreased good cholesterol (HDL), increased bad cholesterol (LDL), emotional change (anger and irritability), and vaginal abrasions and tears.
The Hospital warns that the body sometimes converts testosterone to estrogen, which may increase the risks of ovarian, breast, cervical and uterine cancer. The Hospital states that the long-term effects of testosterone and puberty blockers on younger adolescents are unknown, and that the safety of testosterone is not fully understood. Girls who take puberty blockers and testosterone will develop into adults who may look and sound like men, but lack male genitalia. Even after gender re-assignment surgery, as adults they will not be able to father children. Nor will they likely be able to get pregnant and bear children, with natural female sexual maturity having been prevented. CD, who is the father of AB, is devastated.
Neither the lower courts nor the Court of Appeal have grappled with the compelling evidence showing that gender identity confusion usually goes away by itself. The vast majority of boys and girls revert to identifying with their natal sex by the time they are 18, if they are allowed to go through puberty naturally and receive appropriate encouragement and support to embrace biological reality. With psychological counseling instead of hormones and drugs, the success rate ranges from 70 percent to 90 percent, depending on which of the many studies that one relies on. This has been demonstrated by Dr. Kenneth Zucker and Dr. Susan Bradley, who ran the Child Youth and Family Gender Identity Clinic (GIC) in Toronto from 1981 to 2015, successfully treating hundreds of children struggling with gender dysphoria.
The courts have also failed to take heed of a 2011 Swedish study of 324 sex-reassigned persons (191 male-to-females, 133 female-to-males), which shows that the long-term outcome of such treatments resulted in life-long psychological trauma and increased chance of suicide. Even in a progressive and socially liberal country, the suicide rate in these patients was 19 times higher than the general population, as these individuals passed through a post-treatment period of relative happiness but then began to experience significant morbidity and regret. Across the world, a growing number of transgender adults are warning that gender re-assignment surgery has brought them inexorable misery.
Without delving into these concerns, the Court of Appeal has confirmed that deference must be given to healthcare professionals, whose decisions made under the BC Infants Act about whether minors are able to consent to particular treatments, and whether those treatments are in their best interests, are only reviewable by the courts in very limited ways. Yet many of these health practitioners are on an affirmation-only bandwagon, or are afraid to speak out against it. This ensures that many young teens are moved along a path toward transition as soon as they step into a “gender identity clinic.” Parents with serious concerns about social contagion, or other mental health concerns prompting their child’s sudden desire to transition, will find little comfort in this ruling. Hopefully a future case will put evidence of these concerns before the courts.
The small silver lining on this very dark cloud has come by way of this Court now modifying the lower court rulings that drastically restricted CD’s parental rights and his freedom of expression.
Justice Gregory Bowden of the BC Supreme Court issued an Order that CD could not attempt to persuade his female-born child to pursue any treatment other than puberty blockers and testosterone. Justice Bowden further ordered CD not to address his child by the child’s birth name, or to refer to his female-born child as “she” or “her” in any conversation with anyone. Justice Bowden went on to declare that violating these draconian measures would constitute “family violence” under BC’s Family Law Act.
The BC Court of Appeal overturned this order in part, ruling that “there was insufficient evidence in the unique circumstances here to ground a finding of family violence—that is, emotional or psychological abuse—as defined in the Family Law Act.” The Appeal Court added that Justice Bowden “raising the issue of family violence in the context of this case caused the parties to become increasingly polarized in their positions, thus exacerbating the conflict and raising the stakes in the litigation. We see none of this to be in AB’s best interests.”
The father is now once again entitled to communicate his views about the risks and dangers of AB’s current treatment to AB. The Appeal Court noted that AB is a mature minor with capacity to make medical treatment decisions, and this capacity “includes the ability to listen to opposing views.” AB’s capacity to consent does not remove all parental involvement from medical decisions: “Parents can be involved in the process of explanation, instruction and advice leading to the obtaining of the informed consent of the child. They should be involved as part of that process wherever possible.”
Regarding CD’s freedom of expression, the Appeal Court noted that “the values underlying the right to freedom of expression include finding the truth through the open exchange of ideas, which extends to protecting minority beliefs that the majority regard as wrong or false.” However, the Court also ruled that the father’s right to express his opinion publicly and to share AB’s private information to third parties “may properly be subject to constraints aimed at preventing harm to AB. The Court will not restrict “CD’s right to express his opinion in his private communications with family, close friends and close advisors, provided none of these individuals is part of or connected with the media or any public forum, and provided CD obtain assurances from those with whom he shares information or views that they will not share that information with others.”
While AB continues to receive testosterone injections, this Appeal Court ruling at least shows greater respect for freedom of expression and for parental rights than did the lower courts. But it’s a small victory in the overall context of this sad case.
MMA fighter Fallon Fox, who twice broke an opponent’s skull to win a match, has been called the bravest athlete in history. Fox, a male to female transgender athlete, destroyed Erika Newsome in a Coral Gables, FL, MMA fight during which she “secured a grip on Newsome’s head… With her hands gripping the back of Newsome’s skull, she delivered a massive knee, bringing her leg up while pulling her opponent’s head down. The blow landed on Newsome’s chin and dropped her, unconscious, face-first on the mat.” That was Newsome’s last pro fight.
But to Outsports, a male-bodied person beating a female bodied person unconscious constitutes bravery. Not only has Fox beat up women in the ring, won every match but one, but has weathered online attacks from the likes of Joe Rogan. I think we can all agree that getting back online after Joe Rogan has knocked you down is far braver than facing another male-bodied of your own muscle mass and size in a fight.
Fox also beat Tamikka Brents, giving her a concussion and breaking 7 orbital bones. But that’s super brave, too, taking an unfair, male-bodied advantage and using it to give female-bodied opponents brain injuries.
Vice defended Fox, saying “Fallon was born with a peen. No one’s perfect. I throw away too much salad. She was raised as a dude, as I am told is traditional in Ohio for babies born with outwardly expressive genitalia. But that peen never did sit right with her and, since 2008, she has been a woman in mind, body, and soul.” Brents was not told that Fox was trans before the fight.
“I’ve fought a lot of women and have never felt the strength that I felt in a fight as I did that night,” Brents said, recounting her experience fighting Fox. “I can’t answer whether it’s because she was born a man or not because I’m not a doctor. I can only say, I’ve never felt so overpowered ever in my life and I am an abnormally strong female in my own right… I still disagree with Fox fighting. Any other job or career I say have a go at it, but when it comes to a combat sport I think it just isn’t fair.” Vice said this was just “whining.”
There has been much debate over what makes a woman, since the early poets all the way up to Vice Magazine. While the consensus used to be that they were mystical, mysterious, coquettish beings who ruined men with their wily charms, beings to be possessed, owned, sold, and abused, the women’s suffrage movement and the fight for women’s rights came along and vanquished the old ideas, claiming instead that women were just people, people with female bodies.
Thanks to the trans movement we can get back to the original notion that to be a woman is to possess a special kind of soul that makes you want to be oppressed, beaten, bloodied, and cared for. Ah, progress.
There is no consensus among sporting organizations as to what gives a man enough of a disadvantage to compete against women. The International Olympic Committee says that a male needs to suppress testosterone to be at or below 10 nanomules per litre of blood for a period of one year prior to competition. Females who take testosterone would need years of hormones to get up to that.
Muscle mass does not substantially decrease with hormone treatment. Eradication of genitals does not diminish bone density. There are no cohesive Federal laws in the US to determine what makes a male eligible to compete against women, and while males have won women’s championships, female-bodied athletes have not risen to the upper levels of male competition.
Speaking to Outsports, Fox says “My teammates had no idea I was trans. They recognized my endurance, my strength, my ability to cut weight in the same category as cisgender women. There was no idea in their minds that I didn’t belong. They weren’t thinking, ‘oh my God, she’s going to kill somebody.’” That Fox can pass as a woman doesn’t negate her male advantages, nothing can.
Fox was outed against her will, which led to her induction into the LGBT Sports Hall Of Fame. This is where Fox’s bravery came into play. When the UFC and MMA promoters like Invicta declined to let her compete against women, Fox determined to keep beating up women anyway. Time will tell if MMA gives her another chance.
“Detransitioning” is a touchy topic for the trans community. Individuals who medically transition only to figure out later that they were never truly trans are a probably unsurprising phenomenon. It’s only common sense that a certain number of people who take the leap into hormone treatments or cosmetic surgery may end up having a change of heart.
In the last few years, there has been a huge statistical rise in young people identifying as transgender. According to The Children’s Gender Service at the Tavistock in Britain, there were just 77 trans children at their clinic in 2010. By 2019, there were 2,950 patients with 3,000 more on the waiting list to be treated.
Many young adults are turning to vlogging their detransition experiences and stories on YouTube. As a trans woman myself, I remember these stories being rarer in the past. A few years ago, there were a few detransitioners on Youtube talking about their experiences, but not many. Now, there appears to be almost as many people talking about their transition failures as there are people talking about their transition successes.
What’s the explanation for this? I have a few theories, the first being the overdiagnosis of mental disorders in children today. Now more than ever in history, we’re quick to throw a kid who’s disruptive in class or rowdy during recess on medication. As hormone replacement therapy becomes more commonplace, specifically for teens, it only makes sense that a certain number of those being overdiagnosed will end up on it.
Many of the teen detransitioners on Youtube cite falling into trans activist circles online as a contribution to the mistake they made. This brings me to my next theory, which is that transgenderism has become a fad for some. What used to be a medical issue that a small but very real segment of the population sought help for has now become politicized and popularized to the point where you’re not TRULY WOKE unless you have some sort of alternative gender identity. I see this online all the time, and you know you do too. Don’t lie.
I spoke with one teen detransitioner, Elle Palmer, whose YouTube video about her journey from female to male, and then back to female, is garnering quick traction on the website. Our interview is fascinating, and she corroborates my above theories as to why this is happening more frequently.
“My puberty was medicalized”, states Elle. “From a young age, I dealt with mental health problems that ultimately put me on a path of trying to fix myself- to figure out what was wrong with me”. She goes on to cite the deepening of her voice and growth of facial hair as huge regrets as a result of taking testosterone.
This puts a hole in the argument that children should be able to transition, which is predicated on the belief that they are always right about their feelings of belonging to the opposite sex. This is simply not the case, and we must exercise extreme caution.