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~p4O6884 supremecourtjtidiciary l15412a m 02-14-2031

IN THE SUPREME COURT OF BRITISH COLUMBIA

. Date: 20070129
Docket: 74031
Registry: Kelowna

Between:

Rhyane Chase
Petitioner
And: I

Her Majesty the Queen in Right of the Province of British Columbia

Respondent

Before: The Honorable Mr. Justice Brooke

Oral Reasons for Judgment

In Chambers
January 29, 2007

Appearing on his own behalf: R. Chase

Counsel for the Respondent: R. Butler

Place of Hearing: Kelowna, B.C.

Copy
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Chase v. British Columbia Page2

[1] THE COURT: [PORTION OF PROCEEDINGS NOT RECORDED]. ...The

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

Services Act as well as the laws of England.

[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[3] The Statute of Frauds as such has been repealed, but some of its provisions have been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.

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Chase v British Columb Page 3

[6] The Minister of Health and Government Services is responsible for the Vital Statistics Act pursuant to

the Constitution Act

[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

clear what laws of England the petitioner relies upon.

[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

than providing evidence of the facts therein recorded.

[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”.

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Chase v British Columbia Page 4

[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

of practicality to accept a lump sum -~

[12] THE COURT: [indiscernible/overlapping speakers]

[13] MR. BUTLER: -- award of costs for $500 which is a portion of the disbursements. Our purpose in
-

doing so--

[14] THE COURT: All right.

[15] MR. BUTLER: -- is to avoid further proceedings and further costs.

~

[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

disbursements at $500. Thank you.

[171 MR. BUTLER: Thank you, My Lord.

[1 81 THE COURT: We will adjourn.

[19] MR. BUTLER: Thank you.