Certificate Trust - Doc 1
Certificate Trust - Doc 1
. Date: 20070129
Docket: 74031
Registry: Kelowna
Between:
Rhyane Chase
Petitioner
And: I
Copy
02/14/2007 WED 11:34 ETX/RX NO 76051 1?jOO2
250 4/0 6834 supreme court judiciary ~ I I 54 1 9 a iii 02-1 4-2001
birth of the petitioner was registered in accordance with the Vital Statistics Act. By his petition
he seeks to surrender the “lesser estate” incidental to the registration of his birth in exchange or in
substitution for the “greater estate”, as he puts it, or right. which he is entitled to. He relies upon
the Canadian Charter of Rights and Freedoms the Canadian Bill of Rights, the Statute of
Frauds the Constitution Act, and the Ministry of Provincial Secretary and Government
[2) The Charter claim is either for a constitutional remedy or a challenge to the constitutional
validity of an enactment, and both are constitutional questions governed by the Constitutional
Question Act. That Act requires notice which has not been given
[3] The Statute of Frauds as such has been repealed, but some of its provisions have been
carried forward into the Laws Declaratory Act It is uncertain what provisions the petitioner relies
upon.
[4] The Canadian Bill of Rights applies to the statutes of Canada not British Columbia and
to the activities of the Federal Crown. It has no possible application to the petitioners claim.
[5] The Ministry of Provincial Secretary and Government Services Act provides that the
minister under the Act is responsible for keeping all registers of British Columbia.
[6] The Minister of Health and Government Services is responsible for the Vital Statistics Act pursuant to
[7] The laws of England as they stood November 1 9, 1858 are the laws of British Columbia so far as they
are not by reason of local circumstances inapplicable pursuant to s 2 of the Law and Equity Act It is not
[8] I find that the petition must be dismissed It is within the power of the legislature of British Columbia to
enact the Vital Statistics Act and to provide for the maintenance of a register of births The entry of a birth
including the petitioner’s birth does not create a property right It cannot be bought, sold or alienated It creates
a record, not a property interest. No proprietary right having been created, such an entry neither expands nor
diminishes the bundle of rights and responsibilities which inhere in the person of the petitioner There is
nothing to surrender or renounce and there is nothing created in the nature of an interest that could be the
subject of a trust or of a fiduciary obligation The birth certificate certifies the registration of the birth, nothing
more. It is not a commercial instrument or a bill or a bill of exchange It is of no legal force and effect other
[9] I cannot see that even if the Constitutional Question Act had been complied with that the relief sought
by the petitioner arises from the infringement of any of his constitutionally protected rights and freedoms. It is
to be remembered that as the poet said, “A rose by any other name would smell as sweet”.
[10] In the result, the petition must be dismissed with costs to the respondent. Thank you.
[11] MR. BUTLER: My Lord, with respect to the costs, you will recall that the province is prepared out
[13] MR. BUTLER: -- award of costs for $500 which is a portion of the disbursements. Our purpose in
-
doing so--
[16] THE COURT Thank you And I am afraid I neglected to note that I expected I would be in Kelowna
today, I find myself in Vancouver. The respondent is entitled to its costs which I fix inclusive of