Legislature
of Saskatchewan passes 2 laws violating a child's rights
under the Canadian Charter of Rights and Freedoms while
disobeying the decision of the Supreme Court of Canada and
violating the U.N. Convention on the Rights of the Child
Two new laws were passed in June of 2004 in Saskatchewan
in response to the Supreme Court of Canada's decision in
Trocuik v. British Columbia (Attorney General). Every other
province/territory will have to make changes too.
Saskatchewan is the first province to formulate change
to their laws resulting from this supreme court decision.
It is the opinion of the Canadian Children's Rights Council
that both new laws violate the most fundamental principles
of the Canadian Charter of Rights and Freedoms. They do
not recognize the mandatory need for correct information
about the identity of the biological father and therefore
don't support the security of the the child.
It is our opinion that the birth record, initiated by
a form called "statement of live birth" be verified with
regards to the biological parents of the child.
The new federal laws regarding surrogate motherhood may
mean that the woman giving birth is a surrogate mother
whose role is limited to carrying the baby for the pregnancy
period. The mother may be the egg donor in this example.
The "Statement of Live" form must incorporate all of the
information about the identity of the infant person. It
is imperative that the government verify this information
by mandatory paternity testing because of the high rate
of paternity fraud. It is too late in many circumstances
to try and track down parents much later. The longer
after birth, the harder it is to prove parental identity.
Each newborn should have the relationship support of
both parents where possible and this should be supported
by the government.
Considering that false information provided on a "Statement
of live birth" form is subject to 6 months in prison or
a $25,000 fine in most provinces, we wonder who is enforcing
the Vital Statistics Acts. This is certainly vital
information to a newborn infant.
The new complexities include many people: the egg donor,
the sperm donor, the husband/life partner, the biodad
(in cases of paternity fraud), the surrogate mother.
In the case of paternity fraud, the new laws don't require
the necessary paternity testing needed to properly support
the child's right to their own human identity, a human right
supported in the U.N. Convention on the Rights of the Child.
A woman can lie about the identity of the father, claim
she was raped, state that she is a victim of domestic violence
etc. and avoid providing information about the father.
The 2 laws in question
The first is the amendment to The Adoption Act, 1998.
One amendment to this law gives the ability to a birth mother
to make an ex-parte application to the court to exclude
the birth father from being notified and participating in
adoption proceedings respecting his child(ren), due to 'safety
concerns'.
Just say you are victim of domestic violence and save
20+ years of child support payments to the father who wishes
to become a parent and to raise the child. They may live
in a small community where the woman would face having a
child being raised by a man she briefly had a relationship
with or alternately with whom she had a sexual affair.
Maybe even a married man. She may have to face her abandonment
decision again and again. She may think that it is better
to adopt the child out to someone far away and don't tell
the dad. Again a violation of the child's rights to a relationship
with his/her father and to be raised by that father, should
he choose to be a parent.
The law fails in that there is no appeal allowed from
the ex-parte order, and in fact, the father will never be
informed that an ex parte order has been made against him
denying him any say in the potential adoption of his child(ren).
This violates both the father's rights and the child's rights
to a relationship.
The Parliament of Canada's Special Joint Committee on Custody
and Access which held hearings across Canada in 1998 stated
that false allegations of domestic violence were rampant
in child custody disputes.
False allegations will be allowed in adoption proceedings
to exclude the father, with no legal recourse.
The second new law (Bill 49) is an amendment to the Vital
Statistics Act, 1995. The law will no longer allows
the birth mother to unacknowledge the birth father ( as
per the decision of the Supreme Court of Canada ). However,
fathers will still be allowed to be unacknowledged by being
listed as 'incapable" due to death, illness, out of the
province or otherwise'. The birth records are the record
of the identity of the child and should be respected as
such.
New federal law regarding major medical information for
the life of an egg or sperm donor supports the right to
reproduce and the responsibilities that go with that right.
Infants born using natural means should have their identity
rights supported too and be entitled to major medical information.
Parents that abandon their children to adoption can give
their life long major medical information to the child voluntarily.
These original laws were made in a time when technology
regarding invitro-fertilization and paternity testing were
drastically different.
Paternity testing can now be done be a simple non-invasive
blood test taken in the same manner as if you were having
any other blood test done. All that is required is
a simple blood test , a procedure the mother to be would
normally have anyway during her pregnancy.
The Supreme Court of Canada decision states that the
father has to be named unless the child was conceived due
to sexual assault or incest. Further, the amendment does
not allow the child's surname to be changed in the father
was initially stated to be 'incapable' a determination not
made by any government agency which has investigated the
situation and done paternity testing.
These bills passed with very little or no meaningful
debate or amendment in the legislature or committees. These
amendments discriminates against fathers and children.
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