Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
28726
Darrell Wayne Trociuk v. Attorney General of British Columbia and the Director of Vital Statistics, et al.
(British Columbia) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2006-12-12 | Payment out cheque issued, ($567.87) | |
| 2006-11-27 | Approved order for payment out, (sent to Finance Nov. 27/06) | |
| 2006-11-24 | Correspondence received from, Lang Michener dated Nov. 24/06 re: enclosing an order with payment out with consents | Darrell Wayne Trociuk |
| 2006-03-20 | Appeal closed | |
| 2003-06-09 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2003-06-06 |
Judgment on the appeal rendered, CJ G Ia Ma Ba Bi Arb LeB De, The appeal from the judgment of the Court of Appeal of British Columbia (Vancouver), Number CA025972, dated May 23, 2001, heard on December 4, 2002 is allowed with costs throughout. The declaration of invalidity with respect to ss. 3(1)(b) and 3(6)(b) will be suspended for a period of 12 months. If the constitutional defect has not been remedied atthat time, the provisions will be of no force and effect by operation of s. 52 of the Constitution Act, 1982. The constitutional questions are answered as follows: Question 1: Do ss. 3(1)(b) and 3(6)(b) of the British Columbia Vital Statistics Act, R.S.B.C. 1996, c. 479, on their own or in their effect, discriminate against biological fathers on the basis of sex, by providing biological mothers with sole discretion to include or exclude information relating to biological fathers when registering the birth of a child, contrary to s. 15(1) of the Canadian Charter of Rights and Freedoms? Answer: Yes. Question 2: If question 1 is answered in the affirmative, is the discrimination a reasonable limit prescribed by law which can be demonstrably justified in a free and democratic society under s. 1 of the Charter? Answer: No. Allowed, with costs |
|
| 2003-04-11 | Correspondence received, (by fax) from Supreme Court of B.C. - Nanaimo Registry - Justice Lander's Order dated Sept. 5, 1997 | |
| 2002-12-06 | Transcript received, (39 pages) | |
| 2002-12-04 | Acknowledgement and consent for video taping of proceedings | |
| 2002-12-04 | Judgment reserved OR rendered with reasons to follow | |
| 2002-12-04 |
Hearing of the appeal, 2002-12-04, (V075), CJ G Ia Ma Ba Bi Arb LeB De Judgment reserved |
|
| 2002-11-25 | Notice of appearance, (Letter Form), of Martin Screech, dated Nov. 25. | Reni Ernst |
| 2002-11-21 | Notice of appearance, (Letter Form), of Dairn O. Shane, dated November 21, by fax | Darrell Wayne Trociuk |
| 2002-09-09 |
Appeal hearing scheduled, 2002-12-04 Judgment reserved |
|
| 2002-08-26 | Order on motion to extend time | |
| 2002-08-26 |
Decision on motion to extend time, Reg, to serve and file the factum and book of authorities of the respondents' A.G. - B.C. and The Director of Vital Statistics to August 9, 2002. Granted |
|
| 2002-08-26 | Submission of motion to extend time, Reg | |
| 2002-08-16 | Response to motion to extend time, (by E-Mail), Completed on: 2002-08-16 | Reni Ernst |
| 2002-08-16 | Notice of hearing | Darrell Wayne Trociuk |
| 2002-08-12 | Motion to extend time, to serve and file the Factum and Authorities to Aug. 9/02, Completed on: 2002-08-12 | Attorney General of British Columbia and the Director of Vital Statistics |
| 2002-08-09 | Respondent's book of authorities, Completed on: 2002-08-09 | Attorney General of British Columbia and the Director of Vital Statistics |
| 2002-08-09 | Respondent's factum, (extension of time requested for factum and authorities), Completed on: 2002-08-09 | Attorney General of British Columbia and the Director of Vital Statistics |
| 2002-07-11 | Notice of constitutional question(s), 1 copy | Darrell Wayne Trociuk |
| 2002-07-10 | Order on motion to state a constitutional question | |
| 2002-07-09 |
Decision on the motion to state a constitutional question, CJ, 1. Do sections 3(1)(b) and 3(6)(b) of the British Columbia Vital Statistics Act, R.S.B.C. 1996, c. 479, on their own or in their effect, discriminate against biological fathers on the basis of sex, by providing biological mothers with sole discretion to include or exclude information relating to biological fathers when registering the birth of a child, contrary to section 15(1) of the Canadian Charter of Rights and Freedoms? 2. If question 1 is answered in the affirmative, is the discrimination a reasonable limit prescribed by law which can be demonstrably justified in a free and democratic society under section 1 of the Charter? Notices of intervention are to be filed on or before September 3, 2002. Granted |
|
| 2002-05-14 | Respondent's book of authorities, Completed on: 2002-05-14 | Reni Ernst |
| 2002-05-14 | Respondent's factum, Completed on: 2002-05-14 | Reni Ernst |
| 2002-05-13 | Appeal perfected for hearing, Session beginning on 2002-09-30 | |
| 2002-04-02 | Submission of motion to state a constitutional question, CJ | |
| 2002-03-18 | Correspondence received from, D.O. Shane re: might bring a Motion to file amended and supplementary factum once constitutional question stated | Darrell Wayne Trociuk |
| 2002-03-18 | Appellant's book of authorities, Completed on: 2002-03-18 | Darrell Wayne Trociuk |
| 2002-03-18 | Appellant's record, Completed on: 2002-03-26 | Darrell Wayne Trociuk |
| 2002-03-18 | Appellant's factum, Completed on: 2002-03-18 | Darrell Wayne Trociuk |
| 2002-03-01 | Order granting leave to appeal | |
| 2002-02-28 | Motion to state a constitutional question, (service missing)(joint with motion to extend the time) - 2 copies, Incomplete | Darrell Wayne Trociuk |
| 2002-02-28 | Motion to extend time, to file the motion to state const. questions (joint), Completed on: 2002-03-13 | Darrell Wayne Trociuk |
| 2001-11-29 | Notice of deposit for security | Darrell Wayne Trociuk |
| 2001-11-21 | Notice of appeal, (service and wording of notice of appeal) - amended notice of appeal received Feb. 28, 2002 - service missing), Incomplete | Darrell Wayne Trociuk |
| 2001-11-14 | Correspondence (sent by the Court) to, all parties; re: filing timetable / tentative hearing date | |
| 2001-11-09 | Notice of deposit of judgment issued to all parties | |
| 2001-11-08 |
Judgment of the Court on the application for leave to appeal Granted, no order as to costs |
|
| 2001-10-22 | All materials on application for leave submitted to the Judges, CJ Ia Ba | |
| 2001-10-10 | Order on motion to extend time | |
| 2001-09-28 |
Decision on motion to extend time, Reg, to serve and file the response of the respondents' A.G. - B.C. and Director of Vital Statistics to Sept. 19, 2001. Granted, no order as to costs |
|
| 2001-09-28 | Submission of motion to extend time, Reg | |
| 2001-09-24 | Response to motion to extend time, (Letter Form), from Gowlings dated Sept. 24, 2001 (fax copy), Completed on: 2001-09-24 | Darrell Wayne Trociuk |
| 2001-09-24 | Correspondence received from, Mr. Shane, dated Sep 24/01 enclosing formal C/A order. | Darrell Wayne Trociuk |
| 2001-09-24 | Application for leave to appeal, service (rec'd Aug. 23/01) T/C reasons (rec'd Aug. 23/01), and C/A order missing - rec'd Sep 24/01and Oct. 3, 2001), Completed on: 2001-09-24 | Darrell Wayne Trociuk |
| 2001-09-19 | Motion to extend time, to file the Respondent's Response to Sept. 19/01 (service received Oct. 1, 2001), Completed on: 2001-10-01 | Attorney General of British Columbia and the Director of Vital Statistics |
| 2001-09-19 | Respondent's response on the application for leave to appeal, (proof of service received Oct. 1, 2001), Completed on: 2001-10-01 | Attorney General of British Columbia and the Director of Vital Statistics |
| 2001-09-13 | Respondent's response on the application for leave to appeal, (service to the applicant requested)(proof of service received Oct. 2, 2001, letter form), Completed on: 2001-10-03 | Reni Ernst |
| 2001-08-23 | Correspondence received from, D.O. Shane, fax dated Aug. 23/01 enclosing service, re publication ban | Darrell Wayne Trociuk |
| 2001-08-23 | Correspondence received from, D.O. Shane, dated Aug. 23/01 Fax enclosing T/C reasons | Darrell Wayne Trociuk |
| 2001-08-21 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2001-08-20 | Supplemental document, 3 Copies of Appeal book from B.C. Court of Appeal | Darrell Wayne Trociuk |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Trociuk, Darrell Wayne | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of British Columbia and the Director of Vital Statistics | Respondent | Active |
| Ernst, Reni | Respondent | Active |
Counsel
Party: Trociuk, Darrell Wayne
Counsel
Vancouver, British Columbia
V6Z 2H2
Telephone: (604) 689-8888
FAX: (604) 684-1881
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
Party: Attorney General of British Columbia and the Director of Vital Statistics
Counsel
P.O. Box 9280, Stn. Provincial Government
1001 Douglas Street
Victoria, British Columbia
V8W 9J7
Telephone: (250) 356-6185
FAX: (250) 356-9154
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Ernst, Reni
Counsel
503 Comox Road
Box 455, Stn. A
Nanaimo, British Columbia
V9R 5L5
Telephone: (250) 754-1295
FAX: (250) 753-7977
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Summary
Keywords
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
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Lower court rulings
Supreme Court of British Columbia
Order to strike names of infant petitioners from style of cause
Supreme Court of British Columbia
A983203
Appellant's Petition for mandamus and claim for Charter relief dismissed
Court of Appeal for British Columbia (Vancouver)
CA025972
Appeal dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
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