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 the father was "unacknowledged by the mother" and that they were not together at the time. Consequently, she put "Ernst" as their surnames. However, Trociuk claimed 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 prevented a father from amending registrations. 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 took his case to the British Columbia Supreme Court, where it was heard by Justice Collver on May 17, 1999. Collver rejected Trociuk’s petition to change his children’s last names. However, he did not address the issue of whether section 3(1)(b) and 3(6)(b) violated the father’s right to equality; he decided that if it did, it would be justifiable under section 1 of the Charter. Trociuk was unhappy with Collver’s ruling and appealed his case to the British Columbia Court of Appeal. His case was heard by a panel of three judges. Two out of the three judges, Justice Southin and Newbury ruled that the judgement of the British Columbia Supreme Court would be upheld on May 23, 2001. Justice Prowse, the other judge, disagreed with her colleagues ruling concerning the Charter issue. She believed that the Vital Statistics Act violated section 15(1) of the Charter and could not be justified in a fair and democratic society (reasonable limitations clause). Trociuk then again appealed his case to the Supreme Court of Canada. It was heard December 4, 2002. On June 6, 2003, the S.C.C. released its decision to reverse the decision of the British Columbia Court of Appeal and deemed that section 3(1)(b) and section 3(6)(b) of the Vital Statistics Act were unconstitutional and were not justifiable in a free and democratic society (reasonable limitations clause) and should be altered.
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