Political Commentary and Opinion
In a 'foster parenting' situation, who is currently raising the kids could change many times as we all know. This so-called 'law' seminar, was only interested on in enabling lesbian couples to pretend they are "both equal parents", and one small victory for a man, after seven years of fighting in the courts to regain the status of father to his sons, "is inconvenient to their parental ambitions of lesbians", who want to say that biological parentage is not important, and the exclusion of a non biological lesbian 'mother' is unconstitutional.. But to call fathers not living with their children "not a social father" or just a casual fornicator is just outright stupidity.
(Photo) Feminist Professor Hester Lessard of University of Victoria
Also See: Former Women's Studies Professor Daphne Patai Slams Academic Feminism Former Women’s Studies professor Daphne Patai, co-author of Professing Feminism: Cautionary Tales from the Strange World of Women's Studies, slammed Women's Studies for its hatred of men and fathers. Some of Patai's targets included: feminist "sexual harassment hysteria," which is used as a weapon against heterosexual males and has destroyed the livelihoods of countless falsely accused men; Women's Studies' relentless promotion of lesbianism, including one professor who says that she "hasn't done her job" if even one female student remained heterosexual at the end of a semester in her class; and a professor's belief that the role of fathers is to molest their daughters in order to train them for a lifetime of sexually servicing men.
To learn more about Daphne Patai's work, click here. To learn more about how our college campuses have been turned into hostile environments for men, see Glenn's columns "Why Males Don't Go to College" (She Thinks, 11/13/02), "Hate My Father? No Ma'am!" (World Net Daily, 4/8/02), "The Best Valentine's Day Gift for College Students: Gender Reconciliation " (She Thinks, 2/13/03), and "New Study Finds Myths, Misrepresentations in Women's Studies Textbooks" (Cybercast News Service, 4/1/02).
In Professing Feminism, two courageous feminist academics speak out, showing how political correctness has turned academic feminism into a parody of itself--
Political Commentary and Opinion
Feminist Professor Hester Lessard of University of Victoria, Attacks, & Bashes a Father, named Darrell Trociuk, for her personal agenda as a feminist.
Dad's case now a feminist cause celebre
http://www.canadiancrc.com/articles/Van_Sun_Dads_Case_Now_Feminist_cause_celebre_14NOV03.htm
He won a court fight to have his name on his sons' birth certificates but some say the ruling was flawed
Ian Mulgrew - Vancouver Sun
Friday, November 14, 2003
Darrell Trociuk sat like a coiled spring as he was described by a University of Victoria law professor as "more than a casual fornicator" and "less than a social parent." In June, the 38-year-old Delta dad won a seven-year-long fight at the Supreme Court of Canada to have his name included on the birth certificates for his triplet sons. He's still waiting for the change and he's angry that his case has since become a feminist cause celebre in which he is often falsely portrayed. On Thursday, he confronted professor Hester Lessard after she had given a thoughtful 45-minute presentation at the University of B.C. -- part of a regular lunch-time lecture series at the law school -- on why she believed the unanimous verdict of the Supreme Court in his case was wrong. She came to talk about family ideologies and the construction of parenthood in a world where science says potentially five adults can be involved in a birth -- the two social parents (the couple who rear the child), a sperm donor, an egg donor and a birth mother.
He came to complain that he was being turned into fodder by the gender war. Some scholars and lawyers, for instance, have suggested that in today's world of gay and lesbian families, the high-court ruling in Trociuk is as flawed as the original statute. A writer and teacher of feminist theory, constitutional law and equality rights, Lessard is particularly critical of the decision. Lessard believes Justice Marie Deschamps, writing her first ruling, erred in her analysis and in the manner in which she framed the issues. She believes the decision is a disheartening endorsement of "biological" concepts of parenthood, "an increasingly fictional creation narrative." "It legitimates a heterosexual view of the family," she said. Trociuk won because the Supreme Court ruled B.C.'s Vital Statistics Act violated Canada's Charter of Rights and Freedoms by discriminating against "fathers."
A section of the act provides mothers with sole discretion to include or exclude information relating to fathers when registering the birth of a child. A father who is not named on a birth certificate has no say in the surname of his child. (Trociuk, however, can't seek name changes for sons Ryan, Andrew and Daniel, born on Jan. 29, 1996, until the province rewrites the act and the government was given a year to fix it.) Trociuk was not married to Reni Ernst, 44, who maintains that, as soon as the boys are old enough, she will allow them to choose their names. The triplets were putatively conceived in a last-ditch attempt to mend the tumultuous relationship. When the inevitable split came, it was bitter. It remains caustic. Trociuk began the fight to be acknowledged as the father of the boys within six months of their birth. He has visitation rights and pays some child support for his sons, who live in Nanaimo. He lost the first round to be recognized in B.C. Supreme Court and lost again at the B.C. Court of Appeal. This summer, though, Justice Deschamps disagreed with the lower courts and said Trociuk was right. It was a no-brainer in her view: Mothers and fathers should be equal.
But in 2003, as Lessard pointed out, who constitutes the "mother" and the "father"? "This is the crucial mis-step," she said. "The debate should not be framed by who is a 'mother' and who is a 'father.'" The high court's reasoning was flawed, Lessard said, and the justices should have been more on top of their game. Before they ruled the Vital Statistics Act should be fixed, she said, a B.C. Human Rights Tribunal had ordered it amended to accommodate gays and lesbians. The high court should have spent time mulling the same concerns. In essence, what I heard her say is the law today should be gender-neutral and as reflective of real life as we can make it. The Trociuk decision is bad law because it perpetuates as many stereotypes as it purports to correct. And I think she's right.
What about a dozen aggrieved fathers in the audience heard, unfortunately, was that they were going to have to wait again while gay and lesbian parents were accommodated. And a few of them got rude about it. "I can't believe this crap," snapped one particular boor who dubbed the law school a "lesbian breeding ground." Listening to the theoretical ramifications of his case, Trociuk didn't like what he heard either. He has his own version of the story and it isn't about stereotypes or about the interplay of private and public authority in the family unit. It's about romance gone wrong and a father who doesn't get enough time with his kids. "You are wrong," he told Lessard. "I was all for a hyphenated name. She has played a charade the whole way." The professor was talking about public policy and he was talking about pain. "I love my kids," he said. "I could be run over by a bus today and there would be no recognition." Lessard had no response and moved on to another question. But what could she say? Trociuk won in the Supreme Court of Canada and it hasn't helped.
Imulgrew@direct.ca 2003 Vancouver Sun
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A News piece From The "VANCOUVER SUN" on Dad's case now a feminist cause celebre
Fathers Canada News
"Professor Hester Lessard of University of Victoria", Attacks and Bashes a Father, "Darrell Trociuk" on his children having his name. Regarding the article written by Ian Mulgrew in the Vancouver Sun on Friday, November 14, 2003.
Mr. Mulgrew and Professor Hester Lessard are both obviously out of touch with the reality of the abuses perpetrated on families in Canada. Abuses that are fostered and promoted by various self-described feminist legal experts, who's only goal is to see fathers remain out of their children's lives. As evidenced by the first-hand report quoted above.
Mr. Mulgrew missed the most important parts of this story - the conflict of interest on the part of the UVic law professor and the general ongoing radical feminist assault on families in this country. It is unfortunate, that these days reporters take the easy way out, or politically correct way out, so they can just spent their time pandering to feminist ideas, instead of reporting facts, that clearly contradict feminist experts and expose their unethical agenda full of Misandry, and hate for fathers.
The Vancouver Sun should take their time, when printing news stories, and get some factual proper reporting on issues that affects every Canadian family (fathers), and really start telling it as it is. Instead of spouting the same old feminist male bashing nonsense, that harms men, fathers and their children.
**As to the Matter of Naming of Children, "The Supreme Court of Canada" issues an important judgment for fathers. What does this mean?... It means this ruling has indeed opened the doors for fathers having rights in Canada, when it comes to their children, and it something the radical feminist don't want to ever see, as that would give fathers more rights to them and their children.**
There is way to much male bashing going on in Canada and it time for the politicians and their illegal legislation to stop catering to one gender, instead of wasting tax payers money funding radical feminist to bash men and destroy families. Even the Justice Minister of Canada need to get a grip on reality when he himself claims parents have no rights to their children, and only have responsibilities. That is the kind of thinking that is insane.
As it is now under the provincial Vital Statistics Act, a mother registering the birth of a child could choose not to acknowledge the father and, if so, select a name for the child. An unacknowledged father, regardless of proof of paternity, had no say in the matter at all, nor could he subsequently ask to be listed on the child's birth certificate.
While this left quite a few fathers feeling quite put out, it did allow for a certain degree of consistency in children's lives.
It also protected children who were the product of a rape from the chance of the rapist gaining access to them, along with other parental interests.
Darrell Trociuk of Nanaimo, B.C. didn't take this lying down.
In fact, he took it all the way to the Supreme Court of Canada. In there ruling, the Supreme Court of Canada found that the provisions of the Vital Statistics Act, which denies fathers a say as to the names of their children and the right to be listed on their birth certificates, violated the "Canadian Charter of Rights and Freedoms under section 15."
The SCC has given the provincial government one year in which to change the act.
The issues that the Supreme Court of Canada has clearly held to be of considerable importance.
Speaking for the full Court, Deschamps J. said, under the heading "The Significance of the Father’s Interest", at paras. 14 - 19:
Parents have a significant interest in meaningfully participating in the lives of their children. ….. Wilson J. in R. v Jones, [1986] 2 S.C.R. 284, at p.319, wrote: "The relations of affection between an individual and his family and his assumption of duties and responsibilities towards them are central to the individual’s sense of self and of his place in the world."
Including one’s particulars on a birth registration is an important means of participating in the life of a child. A birth registration is not only an instrument of prompt recording. It evidences the biological ties between parent and child, and including one’s particulars on the registration is a means of affirming these ties…..
With respect to the specific matter of a child’s surname, Deschamps J. said: Contribution to the process of determining a child’s surname is another significant mode of participation in the life of a child. For many in our society, the act of naming a child holds great significance. As Prowse J.A. notes, naming is often the occasion for celebration and the surname itself symbolizes, for many, familial bonds across generations…..
The significance of choosing a surname is particularly evident if viewed in light of the rationales for reforms which extended to mothers the ability to transmit their surnames to their children……Although the activity of naming may not hold the same significance for all, it is clearly important to many in our society. A father who is arbitrarily excluded from this activity would reasonably perceive that a significant interest has been affected.
The conclusion flowing from the above is that a father’s ability to include his particulars on a child’s birth registration and to contribute to the process of determining the child’s surname can reasonably be perceived to be modes of meaningful participation in a child’s life. As a further consequence, arbitrary exclusion from such means of participation negatively affects an interest that is significant to a father…..Therefore, the issues raised by the Complainant involve matters and values which the Supreme Court of Canada has declared to be of importance in and to our society. They affect not only the appellant in Trociuk and the Complainant in this case, but other biological fathers of children who do not bear the fathers’ surnames, as well as those children themselves.
Other Comments, pointing out plain old common sense
----- Original Message ----- From: R&E Sodhi
To: mhansel@fathers.ca
Sent: Saturday, November 22, 2003 5:51 PM
Subject: Dad's case now a feminist cause celebre
If the concept of who is a father is outdated why are those men who are not acknowledged to be fathers ordered to pay child support to the women who do not acknowledge their fatherhood? As long as a man has to pay support the children have the right to have his name. No name, no support. It’s as simple as that.
Sincerely, Eeva Sodhi Ontario, www.nojustice.info
Express your thoughts on the Issue of feminist Hester Lessard Claim that fathers and men are "not a social fathers" or just a casual fornicators.
Who is this Radical feminist Hester Lessard - November 13, 2003
Professor Hester Lessard teaches feminist theory, constitutional law and equality rights at University of Victoria Faculty of Law. She has written about the interplay between rights discourse under the Charter and familial ideologies, with a particular focus on parental rights and the construction of parenthood.
In her talk "Going Statistical: Mothers, Fathers, and Trociuk v. British Columbia"
Her presentation focus on the framing of inter-parental relations as equality rights in the context of the Supreme Court of Canada's decision in Trociuk. In Trociuk, a father successfully challenged provisions in vital statistics law which give mothers ultimate control over acknowledgement of paternity on birth registrations and, as a consequence, over the surnaming of children. Taking the historic tension between formal and substantive equality as a starting point, Professor Lessard will explore the extent to which this classic opposition is a relation of mutual reinforcement. The Trociuk decision is a disheartening endorsement of formal conceptions of equality and of "biological" conceptions of parenthood which naturalize an explicitly heterosexual and implicitly gendered familial unit. In addition, both formal and substantive versions of equality analysis contribute to the ideological erasure of the role of the state in ordering familial relations through vital statistics law. The erasure is significant. Birth registration and naming rules provide the administrative foundation for implementing the defining and deeply gendered public/private relation between the state and family recently reinvigorated by the entrenchment of neo-liberalism in the political sphere. As well, vital statistics law is central to structuring citizenship within the modern Canadian state. As such, vital statistics law not only reflects the gendered, heterosexist and class dimensions of the state encapsulated in the neo-liberal privatization agenda but also, at particular historical junctures, has manifested its racial and colonialist dimensions as well.
Relevant Articles by Hester Lessard: - "The Empire of the Lone Mother: Parental Rights, Child Welfare Law, and State Restructuring" (2002) 39 Osgoode Hall L.J. 717 "Liberty Rights, The Family and Constitutional Politics" (2002) Review of Constitutional Studies 213
Look for Professor Hester Lessard
Publications - ResearchArticles Published in Refereed Journals
“Mothers, Fathers and Naming: Reflections on the Law Equality Framework and Trociuk v. British Columbia (Attorney General) ” (2004) Canadian Journal of Women and the Law (forthcoming)
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Political Commentary and Opinion
Fathers Canada News
Trociuk Speaks out in the Supreme Court of Canada and won
"Feminist Professor Hester Lessard comments, and her feminist agenda against fathers and the use of birth names were saw in a different light in their eyes", that the highest court was wrong.
If the concept of who is a father is outdated, why are these men who are not acknowledged to be fathers, ordered to pay child support to women, who do not acknowledge their fatherhood?
As long as a man has to pay child support, their children have the right to have his name.
No name, no support. It’s as simple as that.
When Trociuk Spoke out about his love for his children and his right to have his children to have his name in the courts, the BC Liberal Attorney General and the Director of Vital Statistics of British Columbia decided with the help of the BC Supreme Courts, that that he couldn't get his name on the birth certificate.
But the Supreme Court of Canada didn't see it that way or even agreed with the BC Courts. If Fact, The Supreme Court of Canada pointed out the sections violated, s. 15(1) of the Charter and it was unconstitutional to discriminate against fathers.
They the Liberal Government of BC permitted differential treatment on the basis of sex. They had the effect of excluding the father's particulars from birth registrations, excluding him from participating in choosing his children's surname and then precluding any recourse. This arbitrary exclusion affected an interest that was significant and gave rise to the perception that the father's dignity had been infringed.
According to the BC Courts, two of the Judges that believe in sexist and bigoted views, as they believe that fathers should have no rights, but at least fathers can now see how corrupt the BC courts really are, when the BC Courts has to get corrected by the Supreme Court of Canada and real law is placed where it should be, in the hands of the people, under the rule of law, and not based on politically correct issues.
Who are the sexist bigots in the the courts.
QUOTE'S FROM THE BC SUPREME COURTS - On the Trociuk case in British Columbia Supreme Courts
-- Madam Justice Mary Southin (British Columbia)
The legislature...has decreed that fathers have no rights in British Columbia
"The legislature no longer considers that marriage ... is a social institution of paramount or, ... any importance. ... The appellant is in no
worse legal position than any other father."
"... The legislature has left no 'gap' in this question of a child's name and surname. It has decreed that fathers have no rights."
-- Madam Justice Mary Newbury, concurring:
"I acknowledge that the comprehensive plan adopted by the legislature ... will not work perfectly in every case. ... But there is good reason to believe [giving fathers an absolute right to be included in the registration] would cause far more harm than good and would be unreasonable in most cases where the problem arises."
The Centre for Feminist Legal Studies was pleased to present a talk by Hester Lessard who's presentation focus on the framing of inter-parental relations as equality rights in the context of the Supreme Court of Canada's decision in Trociuk.
In the Trociuk case, this father successfully challenged provisions in vital statistics law which give mothers ultimate control over acknowledgement of paternity on birth registrations and, as a consequence, over the surnaming of children.
Fathers who attended at the University of British Columbia Centre for Feminist Legal Studies seminar on Thursday, November 13th, 2003 12:30-1:30pm., Room 157 Curtis Law Building, were concerned these feminist were attacking the unanimous Supreme Court of Canada decision that said; it was UNCONSTITUTIONAL to exclude fathers names from the children. Since Trociuk sons were born, he has and always wanted to be their father, and acknowledged for them to have a hyphenated surname, as he has pointed that out in the courts, as his sons rights also. The Supreme Court of Canada has said and ruled that it will include the father's name, Trociuk.
Had Professor, "Hester Lessard" mistakenly pointed out, that after 2 years, that , Trociuk only clued into the Vital Statistics Act, and only then, had wished for a hyphenated name and that Trociuk wasn't really interested in being or acknowledged as the father of his three sons, but rather, he was only really interested in forcing his surname onto the children. How would "Hester Lessard" know what fathers are feeling in this matter, was she there in Trociuk's relationship or other fathers relationships with there children, or heard the father, or fathers state otherwise, somehow I believe and think this is just this same old tired propaganda of theirs to forward her political goal of keeping the real fathers out of the picture with their children, and to get her political agenda in the forefront.
With all Trociuk had to face all though-out this matter, in the courts and out since his children where born. It is obviously she [Lessard] is out of touch with the realities about Fathers as in the Trociuk case or the abuses perpetrated on families in Canada, or even how Trociuk felt about his children, as anyone can see, she knows nothing about Trociuk or the love he has for his children.
It is these types of Abuses that are fostered and promoted by various self-described feminist legal experts, who don't have a grip on reality. These people don't care about the children's best interest, as her comments on Trociuk have shown, it all about the feminist agenda only. His love for his children is beyond anything she or these self discribed feminist could ever understand, or how or what he might be feeling, as a man. I know how I would feel as a father to have my children not be able to carry my name.. Personal agenda's to forward feminism causes at the expense of children is sick.
When UVic Professor Hester Lessard, uses terms deemed on fathers, such as , "not a social father" or this just a casual fornicator, is just another outright stupidity and is not based on facts about fathers or fatherhood, just because they do not reside with the mother or live with their children, or what they feel as fathers, makes them no less of being a good father.
The Supreme Court of Canada has stated otherwise in their ruling, and that the BC Liberal Government and the BC Courts are dead wrong in their sexist and bigoted altitudes.
It has become clear, it is a personal agenda of hers, and the Crown's, government and the courts to keep fathers beaten dow while she is only focusing on her radical feminist views and political correct propaganda, hoping people might eat up this agenda of hers, that's nothing, but this famous male bashing they do in BC and in Canada, to see that fathers should be removed from their children's lives, and that children should not to carry their father's name.
They want to say that biological parentage is not important. In my view it is to the child and is necessary for the child's development in society. Common sense goes a long way, something these people have forgotten.
The British Columbia Courts did indeed robbed Trociuk of his rights to be a father to his sons, by assisting their mother's desire to exclude him from their lives.
People now might believe, they're going to 'represent' his sons' mother at the upcoming Human Rights Tribunal, only to try to claim some more outright lies that suits their lesbian motherhood goals and that fathers should not have any rights to their children, let alone the right for children to carry their fathers names. As they believe that a father must be living with their children to get that right.
I say Hogwash....
In my view and opinion for anyone to rob children of there rights to carry the fathers name is just promoting sexism and further violating their Charter of Rights with their malice, greed and lust for power over others
Trociuk has stated in the courts since the beginning he wanted to be acknowledged as the children's father and for the kids to have a hyphenated surname that included his and the Supreme Court of Canada agreed that Trociuk has that right and the British Columbia Courts were wrong in their ruling.
Again, As for this feminist to claim he is not a social father, or just a casual fornicator, she is indeed out of touch with reality with this double speak of hers, and it is abusive behavior towards fathers and their children in Canada.
He is the father of his children, and they should have his name, whither the feminist like it or not. The BC Courts foolish rulings, made sure they assisted the father to omit Trociuk from the kids lives and name....
I BELIEVE THAT ONLY NATURAL -DNA- PARENTS SHOULD BE LISTED ON THE BIRTH FORMS....not who is currently raising the kids, as that could change many times over as we all know.
That information defines "'who' the child is" and "who is the father". In a 'foster parenting' situation, who is currently raising the kids could change many times as we all know. This so-called 'law' seminar was only interested on in enabling lesbian couples to pretend they are "both equal parents", and my one small victory, after seven years of fighting in the courts to regain the status of father to his sons is inconvenient to their parental ambitions of lesbians, who want to say that biological parentage is not important, and the exclusion of a non biological lesbian 'mother' is unconstitutional, though no child has ever been asked....
An audio of this issue was made of and what UVic Professor Hester Lessard stated on the issue of casual fornicator" and "less than a social parent, will be posted soon.
The past talk on Going Statistical: Mothers, Fathers, and Trociuk v. British Columbia
The Centre for Feminist Legal Studies is pleased to present a talk by Hester Lessard
Thursday, November 13, 2003
12:30-1:30pm
Room 157 Curtis Law Building, UBC
The Talk: The presentation will focus on the framing of inter-parental relations as equality rights in the context of the Supreme Court of Canada's decision in Trociuk. In Trociuk, a father successfully challenged provisions in vital statistics law which give mothers ultimate control over acknowledgement of paternity on birth registrations and, as a consequence, over the surnaming of children. Taking the historic tension between formal and substantive equality as a starting point, Professor Lessard will explore the extent to which this classic opposition is a relation of mutual reinforcement. The Trociuk decision is a disheartening endorsement of formal conceptions of equality and of "biological" conceptions of parenthood which naturalize an explicitly heterosexual and implicitly gendered familial unit. In addition, both formal and substantive versions of equality analysis contribute to the ideological erasure of the role of the state in ordering familial relations through vital statistics law. The erasure is significant. Birth registration and naming rules provide the administrative foundation for implementing the defining and deeply gendered public/private relation between the state and family recently reinvigorated by the entrenchment of neo-liberalism in the political sphere. As well, vital statistics law is central to structuring citizenship within the modern Canadian state. As such, vital statistics law not only reflects the gendered, heterosexist and class dimensions of the state encapsulated in the neo-liberal privatization agenda but also, at particular historical junctures, has manifested its racial and colonialist dimensions as well. The Bio: Professor Hester Lessard teaches feminist theory, constitutional law and equality rights at University of Victoria Faculty of Law. She has written about the interplay between rights discourse under the Charter and familial ideologies, with a particular focus on parental rights and the construction of parenthood.
The Centre for Feminist Legal Studies hosts a weekly Lecture Series during the academic year. Everyone is welcome. For the full schedule, visit our
website at http://faculty.law.ubc.ca/cfls or for more information email