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The Canadian Press

Court: Dads have right to name kids too

Canadian Press, by SUE BAILEY, June 6, 2003,

OTTAWA (CP) - Mothers shouldn't have sole power to name a child when they arbitrarily refuse to acknowledge the father, Canada's highest court says.

The Supreme Court of Canada ruled 9-0 Friday to strike down British Columbia's Vital Statistics Act because it violates guaranteed equality rights. Under the act, mothers who "unacknowledge" the father can register and name their children without the dad's input.

That's unconstitutional, the high court said. But it suspended the effect of its ruling for 12 months, allowing the province time to change its law.

At the heart of the case is an unmarried B.C. father's fight to have his triplet sons bear his last name.

While it's a victory for men, the judgment won't immediately help Darrell Trociuk.

It orders the B.C. legislature - and, in effect, others with similar laws - to draft rules that better reflect the interests of both mothers and fathers. But it stops short of granting Trociuk the outcome he most wanted: to give his seven-year-old sons at least a hyphenated last name.

He'll have to wait to see if B.C. drafts a new law that will retroactively give him his wish.

The self-employed landscaper was in a two-year relationship with Reni Ernst that ended in 1995. There has never been a paternity dispute, and Trociuk has paid support and sought access to his children.

But when Ernst filled out a vital statistics registration form, she declared Trociuk "unacknowledged" - a category often used when women become pregnant from rape or incest. That allowed her to give the children her surname.

When both parents register but can't agree on a name, children receive hyphenated surnames.

Ernst has said she chose not to acknowledge Trociuk because he initially insisted the children take his name only.

Once officially unacknowledged, Trociuk had no legal say in the matter, and no recourse to appeal.

Fathers such as Trociuk "should not be compared or confused with fathers who are justifiably excluded," wrote Justice Marie Deschamps for the unanimous court.

"Among those included in the latter category are rapists and perpetrators of incest."

They can also be mistaken for dads with no interest in raising their kids, she said.

"Such confusion is disrespectful to fathers who want to participate in their children's lives through the inclusion of their particulars."

The judgment is expected to have far-reaching impact in provinces where such laws are similar, including Ontario, Saskatchewan and Prince Edward Island.

Only about five per cent of fathers fall into the "unacknowledged" category in British Columbia.

Friday's ruling overturns a B.C. Court of Appeal decision that had upheld the Vital Statistics Act.

The Ontario Court of Appeal also ruled last June that a mother can acknowledge a father for custody or child support reasons but does not have to acknowledge him on a birth registry for naming purposes.

It said the province's Vital Statistics Act, which is worded similarly to that in B.C., provides mothers with the "ultimate ability" to name their children.

Male Genital Mutilation (MGM) Circumcision - Baby Boy Botched

Circumcision Botched - Canadian Press

Circumcision Botched by Jewish Father Results in Conviction for Aggravated Assault

The Canadian Press
Dec. 22, 2011

VANCOUVER - A B.C. man who performed a botched circumcision on his four-year-old son on the kitchen floor of his home has lost an appeal of his conviction and been found guilty of a more serious charge.

The B.C. Court of Appeal has stayed the man's conviction for criminal negligence causing bodily harm and convicted him of aggravated assault.

Court heard the boy was born premature at only 2.5 pounds and could not be circumcised at the time, nor did his parents request it.

South Korean Doctors

Male circumcision based on myths and misinformation

Peak age of circumcision of males in Korea is 12 years old!

Urinary Tract Infection Rates for Both Circumcised and Non-Circumcised Baby Boys Under 1 Year Old

UTIs are rare

Canadian Paediatric Society - Circumcision statement

"Of every 1,000 boys who are circumcised 2 will be admitted to hospital for a urinary tract infection (UTI) before they are one year old."

"Of every 1,000 boys who are not circumcised 7 will be admitted to hospital for a UTI before they are one year old. "

Société canadienne de pédiatrie - circoncis statement

Sur 1 000 garçons circoncis 2 seront hospitalisés en raison d'une infection urinaire avant l'âge d'un an.

Sur 1 000 garçons non circoncis 7 seront hospitalisés par suite d'une infection urinaire avant l'âge d'un an.

CanadianCRC editor:
Anyone who states that urinary tract infections are common among newborn baby boys, and therefore advocates that the genital mutilation of boys ( male circumcision) will stop urinary tract infections, is a liar or misinformed.

Besides, urinary tract infections are entirely treatable.

Men's Rights Commentary

Men's News Daily Online

Commentary on the David Reimer botched circumcision / gender changed case

When Feminist Dogma Met Dr. Mengele

CanadianCRC editor's Note: Reminder about our policy: Many sides of an issue are expressed in articles on this website. Many articles contain points of view which should be heard but are not the position of the Canadian Children's Rights Council.

"..Circumcision May CAUSE Urinary Tract Infection"

Urinary Tract Infections (UTIs) are rare, and mainly occur in the first year of life. They are several times Read More .. common in girls than boys (but of course surgery is never considered for girls).

They are painful, and women's experience of them is a powerful inducement to have sons circumcised, if they imagine that this will protect them. In fact, a significant proportion of boys contract UTIs even though they are circumcised. A study in Israel found they mainly occurred in girls at four months, but in boys soon after they were circumcised....  Now an Australian study suggests circumcision may cause urinary problems.  Read More ..

Read what the medical profession associations have to say on this issue

2003 British Medical Association Statement Against Circumcision

The BMA does not believe that parental preference alone constitutes sufficient grounds for performing a surgical procedure on a child unable to express his own view. . . . Parental preference must be weighed in terms of the child's interests. . . . The BMA considers that the evidence concerning health benefit from non-therapeutic circumcision is insufficient for this alone to be a justification for doing it. . . . Some doctors may wish to not perform circumcisions for reasons of conscience. Doctors are under no obligation to comply with a request to circumcise a child.  Read More ..

Toronto Sun Circumcision of males unkindest cut

Circumcision, the unkindest cut

By Dr. Gifford Jones

Special to C-Health

Read More ..

Baby Dies From Circumcision

Five-week-old infant died after he was circumcised at Penticton hospital

Vancouver, British Columbia
August 29, 2002

The Kamloops coroner is investigating the case of an infant who died last week from complications following his circumcision at Penticton Regional Hospital.

The five-week-old child was released after the procedure last Tuesday morning, but his parents went back to talk to the doctor later that day with concerns about bleeding. They returned home, but the situation worsened overnight, forcing them to rush the child back to hospital early Wednesday.

The infant was flown by air ambulance to Vancouver, where he died last Thursday in B.C. Children's Hospital.

"It certainly seems to be unusual," coroner Ian McKichan said yesterday. "It's definitely something that warrants an investigation, because it's a totally unexpected sort of death."

Deaths following circumcision are almost unheard of, but like any operation, bleeding and infection are the greatest dangers.

The case raises questions about an increasingly rare operation which stirs controversy in some circles.

"The bottom line is that circumcision is becoming a less-common procedure," said Dr. Morris Van Andel, registrar of the College of Physicians and Surgeons of B.C. "It's no longer an insured service -- it's considered an option. That makes it all the Read More ..stressing when you hear about something like this."

According to Penticton hospital officials, the operation to remove the foreskin from the child's penis was conducted by a physician with 16 years' practice in British Columbia.