A Campbell River couple is tired of the foot dragging by the Vital Statistics Agency of B.C. and are taking it to court over the agency害羞草研究所檚 refusal to register their son害羞草研究所檚 traditional First Nations name.

Crystal A.J. Smith and her partner Raymond Shaw applied in February to register the birth of their son whom they named 位ug史al蓹s K害羞草研究所檃la害羞草研究所檃sk Shaw, a name derived from both parents害羞草研究所� Indigenous heritage.

害羞草研究所淲e had to take this step because my son still does not have a birth certificate and waiting nine plus months is not okay,害羞草研究所� Smith told the Campbell River Mirror. 害羞草研究所淭hey are dragging their feet and causing harm to Indigenous families that may chose to name their children in their languages.害羞草研究所�

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Smith and Shaw filed a petition on Oct. 5 with the B.C. Supreme Court challenging the agency害羞草研究所檚 refusal on constitutional grounds.

The couple害羞草研究所檚 application to register their child害羞草研究所檚 name was improperly refused, according to court documents, on the basis of the inability of government systems to accept and reproduce the alphabetic characters and corresponding naming standards adopted by the Vital Statistics Agency. Those standards restrict the available options to names composed of Latin alphabetic letters, apostrophes, hyphens, periods and a standard set of French accents. The petition also states that the refusal must be set aside on the basis that it violates sections 2(b) and 15 of the Canadian Charter of Rights and Freedoms and s. 35 of the Constitution Act, 1982.

In the petition, Smith and Shaw say they feel forced into this circumstance due to the financial hardship caused by being unable to access benefits that are conditional on an approved birth registration.

A birth must be registered before the parents may apply for a birth certificate, which is, in turn, required to apply for 害羞草研究所渙ther important documents like a social insurance number or a passport.害羞草研究所� Parents also register for services such as the Canada Child benefit and Medical Services Plan at the same time as the birth registration application. Rejecting 位ug史al蓹s K害羞草研究所檃la害羞草研究所檃sk Shaw害羞草研究所檚 registration meant his parents couldn害羞草研究所檛 access those services and, in fact, paid for medical expenses out of their own pockets. They were eventually able to access those benefits in the interim when the agency agreed to register 位ug史al蓹s害羞草研究所� birth by just using his last name.

害羞草研究所淭hey are causing me and our family harm and that害羞草研究所檚 not okay,害羞草研究所� Smith said. 害羞草研究所淭hey are harming my nine-month-old by not giving him a birth certificate and that害羞草研究所檚 not okay. We are done compromising, it害羞草研究所檚 time for change, time for the government to change.害羞草研究所�

位ug史al蓹s K害羞草研究所檃la害羞草研究所檃sk Shaw was born Jan. 12. His mother is of Ts害羞草研究所檓syen and Haisla heritage who has been traditionally adopted into the Heiltsuk Nation. His father, the actual petitioner to the court, is Li千史i艂dax虒史 from the Wei Wai Kum First Nation. 位ug史al蓹s害羞草研究所� first name is in K史ak虛史ala, the language of the Li千史i艂dax虒史 people. 位ug史al蓹s害羞草研究所� second name, K害羞草研究所檃la害羞草研究所檃sk, is Sm害羞草研究所檃lgyax which is the language of Smith害羞草研究所檚 history.

It害羞草研究所檚 important to the couple to have a name reflective of their individual cultural heritage and the lands associated with it. The couple also wants to perpetuate the languages of their heritage and naming their child according to their systems of spelling is important to them.

The couple have pointed out that the rejection of their son害羞草研究所檚 name contravenes the spirit of Truth and Reconciliation as well adherence by the province to the United Nations Declaration of the Rights of indigenous Peoples, which the provincial government recently unveiled a five-year action plan for implementation.

害羞草研究所淚 hope by doing this it causes much needed change,害羞草研究所� Smith said. 害羞草研究所淭hat Indigenous families can name their children in their languages without this dismissal of our languages. That our languages are accepted. This is for any future Indigenous children, for Indigenous mothers, Indigenous parents, this is for our ancestors who had their names stripped from them. This is for 位ug史al蓹s K害羞草研究所檃la害羞草研究所檃sk Shaw and we will not stop, change is coming.害羞草研究所�

editor@campbellrivermirror.com
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