Trociuk v. British Columbia (Attorney General)
Encyclopedia
Trociuk v. British Columbia (Attorney General), [2003] 1 S.C.R. 835 is a leading Supreme Court of Canada
decision on section 15(1)
of the Canadian Charter of Rights and Freedoms
where a father successfully challenged a provision in the British Columbia Vital Statistics Act, which gave a mother complete control over the identity of the father on a child's birth certificate, on the basis that it violated his equality rights.
Section 3(1)(b) and 4(1)(a) of the Vital Statistics Act of British Columbia prevented fathers from amending registrations. So Trociuk applied for a declaration to have the provision struck out as unconstitutional for violating his section 15 right to equality.
The Director of Vital Statistics denied the changing of the children's surnames to include their biological father's name. Trociuk then took his case to the British Columbia Supreme Court, where it was upheld.
It was found that section 3 of the Act violated section 15(1) of the Charter by allowing differential treatment based on sex. The provision had the effect of excluding the father's particulars from birth registration, excluding him from choosing his child's surname, and precluding any recourse. These effects were found to be arbitrary and created significant impact on the perception of the father's dignity, and consequently violated section 15(1).
On the section 1
analysis, Deschamp found that the violation could not be saved as the law did not impair Trociuk's rights as little as reasonably possible.
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
decision on section 15(1)
Section Fifteen of the Canadian Charter of Rights and Freedoms
Section Fifteen of the Canadian Charter of Rights and Freedoms contains guaranteed equality rights. As part of the Constitution, the section prohibits certain forms of discrimination perpetrated by the governments of Canada with the exception of ameliorative programs and rights or privileges...
of the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
where a father successfully challenged a provision in the British Columbia Vital Statistics Act, which gave a mother complete control over the identity of the father on a child's birth certificate, on the basis that it violated his equality rights.
Background
Darrell Trociuk and Reni Ernst were an estranged unmarried couple who became parents to triplets in January 1996. When filling out the birth registration Ernst had indicated that the father was "unacknowledged by the mother" and that they were not together at the time. Consequently, she put "Ernst" as their surnames. Trociuk, however, claimed that they had agreed on registering the children's surnames as "Ernst-Trociuk", and tried to get the records changed to include his particulars.Section 3(1)(b) and 4(1)(a) of the Vital Statistics Act of British Columbia prevented fathers from amending registrations. So Trociuk applied for a declaration to have the provision struck out as unconstitutional for violating his section 15 right to equality.
The Director of Vital Statistics denied the changing of the children's surnames to include their biological father's name. Trociuk then took his case to the British Columbia Supreme Court, where it was upheld.
Opinion of the court
Justice Deschamps, writing for a unanimous Court, allowed the appeal in favour of Trociuk.It was found that section 3 of the Act violated section 15(1) of the Charter by allowing differential treatment based on sex. The provision had the effect of excluding the father's particulars from birth registration, excluding him from choosing his child's surname, and precluding any recourse. These effects were found to be arbitrary and created significant impact on the perception of the father's dignity, and consequently violated section 15(1).
On the section 1
Section One of the Canadian Charter of Rights and Freedoms
Section One of the Canadian Charter of Rights and Freedoms is the section of the Charter that confirms that the rights listed in that document are guaranteed. The section is also known as the reasonable limits clause or limitations clause, as it legally allows the government to limit an...
analysis, Deschamp found that the violation could not be saved as the law did not impair Trociuk's rights as little as reasonably possible.
See also
- Gender equalityGender equalityGender equality is the goal of the equality of the genders, stemming from a belief in the injustice of myriad forms of gender inequality.- Concept :...
- List of gender equality lawsuits
- List of Supreme Court of Canada cases (McLachlin Court)