LOBBYING ACTIVITIES - (Note - this page is under construction.  A menu and bookmarks will be added)

Adoption
New Reproductive and Genetic Technologies Legislation
Human Rights Legislation
Citizenship & Immigration Legislation

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Manitoba Bill 47--The Adoption and Consequential Amendments Act, Hansard -- Monday, June 23, 1997 -

Witness: Ms. Joan Vanstone (National Director, Parent Finders of Canada):

Recommendations of Parent Finders of Canada re changes required to bring Bill 47, The Adoption and Consequential Amendments Act, into

compliance with the United Nations Convention on the Rights of The Child and the Charter of Rights and Freedoms of Canada.

http://www.gov.mb.ca/legislature/hansard/3rd-36th/la_005/la-005.html

ASSISTED HUMAN REPRODUCTION

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HEALTH SUB-COMMITTEE ON BILL C-47, THE HUMAN REPRODUCTIVE AND GENETIC TECHNOLOGIES ACT

Wednesday, April 9, 1997

Witness: Parent Finders of Canada, Jim Kelly, Legislative Chair

The Right of the Child to Preserve His or Her Identity

Recommendations of Parent Finders of Canada re changes required to bring BILL C-47, THE HUMAN REPRODUCTIVE AND GENETIC TECHNOLOGIES

ACT, into compliance with the United Nations Convention on the Rights of the Child, the United Nations Convention on Civil and Political Rights and

the Charter of Rights and Freedoms of Canada.

http://www.parl.gc.ca/35/Archives/committees352/srta/english_committee.html

HUMAN RIGHTS

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1993, - Canada's Citizenship Act discriminates against adopted persons.

Canadian Human Rights Tribunal, McKenna v . Secretary of State

  http://www.chrt-tcdp.gc.ca/search/view_html.asp?doid=205&lg=_e&isruling=0

 1999 -- Federal Court of Appeal, finds that Canada's Citizenship Act discriminates against adopted persons.

Federal Court of Appeal, Canada (Attorney General)v. McKenna  (C.A.)

 http://reports.fja.gc.ca/en/1998/1999fc23364.html/1999fc23364.html.html

 2001 - BC Human Rights Tribunal, held that the refusal of the Director of  Vital Statistics to register both same-sex partners as parents on

 an original birth registration form was discriminatory

 Parent Finders, INTERVENOR

 Indexed as: Gill and Maher, Murray and Popoff v. Ministry of  Health, 2001 BCHRT 34

  http://www.bchrt.bc.ca/decisions/2001/pdf/gill_and_maher_murray_and_popoff_v_ministry_of_health_2001_bchrt_34.pdf

 [51] Parent Finders contends that the Complainants are seeking to record  their children's birth certificates in such a manner that the facts about their children's birth event will be recorded differently than that of the other  99% of children in British Columbia. It submits that listing non-biological rather than biological parents on the original birth certificate puts children created  from reproductive technologies at risk of violating the laws of consanguinity and that this is not in the children's best interest.

 [52] Parent Finders argues that, in arriving at a decision, I must have regard to the United Nations Convention on the Rights of the Child, and the International Covenant on Civil and Political Rights. Parent Finders contends that the interests of the children in these complaints are
fundamentally distinct from those of the adults, and that, since the children are not  independently represented, I must exercise a parens patriae jurisdiction to ensure that their rights to their identity are protected.

 [53] Parent Finders also argues that any remedy I order must consider the  children's legal and human right to the identity of their biological
parents. It argues that to remove the name of a childs biological father from a "statement of live birth" and replace it with the name of someone not biologically related to the child would violate the childs best interests, mutual respect and  essential human dignity.

 http://scc.lexum.umontreal.ca/en/2003/2003scc34/2003scc34.pdf#search=%22scc%20Trociuk%22

2003 -- Asssited Human Reproduction - which parent's name belongs on the child's original birth certificate?

 Rypkema v. British Columbia [2003] B.C.J. No. 2721 released on  November 28, 2003 from the BC Supreme Court, cited both the Trociuk decision, paragraphs 15-16 and the BC

Human Rights Tribunal decision of Gill v. Murray, paragraph 81

 http://www.courts.gov.bc.ca/jdb-txt/sc/03/17/2003bcsc1784.htm

 2003 - United Nations Committee on the Rights of the Child, Concluding  Observations Oct. 2003, to Canada's 2nd Report

 Civil Rights and Freedoms, Right to Identity - The adopted  persons right to their biological identity

 www.unhchr.ch/tbs/doc.nsf/898586b1dc7b4043c1256a450044f331/ae2760331a273f7bc125702f0032bdf5/$FILE/G0540879.pdf

 2005 , Keeping Pace with the Changing Face of Parenting

http://www.bcfamilylawblog.com/bc_family_law_blog/2005/12/bc_family_law_k.html

 2006, Senate Committee on Human Rights, The rights and freedoms of children

 http://www.parl.gc.ca/common/Committee_SenProceed.asp?Language=E&Parl=39&Ses=1&comm_id=77

 Thursday, September 21, 2006 9:00 am

Parent Finders of Canada, Jim Kelly, Legislative Chair

 http://www.ipc.on.ca/scripts/index_.asp?action=31&P_ID=16153&N_ID=1&PT_ID=11457&U_ID=0

 MONDAY, MARCH 10, 1997

 (Meeting No. 34)

The Standing Committee on Human Rights and the Status of Persons with  Disabilities met at 9:05 o'clock a.m. this day, in VANCOUVER, B.C., the

 Chairman, Sheila Finestone, presiding.

 As Participants: Parent Finders of Canada:. Jim Kelly. ...

 In accordance with its mandate under Standing Order 108(3), a study of new technologies and Privacy Rights (See Minutes of Proceedings dated Tuesday,

 June 13, 1996, Issue No. 2).

 http://www.parl.gc.ca/35/Archives/committees352/huso/minutes/huso_issue-04_31-41/huso_04_witE.html

 http://www.parl.gc.ca/35/Archives/committees352/huso/minutes/huso_issue-04_31-41/huso_04_covE.html

 WITNESSES:
 Parent Finders:
 Joan Vanstone, National Director.

 http://www.parl.gc.ca/35/Archives/committees352/huso/evidence/34_97-03-10/huso-34-cover-e.html

 http://www.parl.gc.ca/35/Archives/committees352/huso/evidence/34_97-03-10/huso34_blk101.html

 Order 234The British Columbia Vital Statistics Agency provided the applicant with ... the arguments of this applicant and of such groups as

 Parent Finders of Canada. ... http://www.oipcbc.org/orders/1998/Order234.html

 Special Committee to Review the Freedom of Information and Protection of Privacy Act ...

 Witnesses, ... Jim Kelly, Parent Finders of Canada, Vancouver 14-Jan-98 ...

 http://www.leg.bc.ca/CMT/36thParl/foi/1999/review_act.htm

 Special Committee to Review the Freedom of Information and Protection of Privacy Act ...

 (Hansard). VANCOUVER. Wednesday January 14, 1998. Issue No. 3

 [11:15] .....Mary. Sutherland:

 [2:00]... Jim Kelly

 https://www.leg.bc.ca/cmt/36thParl/foi/hansard/fi0114.htm

 Special Committee to Review the Freedom of Information and Protection of  Privacy Act

 Hansard - Wednesday, February 4, 1998, The committee recessed from 6:25  p.m. to 7:25 p.m.

 The Chair: I'd like to call our first presenter forward. Would Nigel Harvey please come forward. Nigel, I'll ask you to introduce yourself.

 The introduction is for Hansard so that we can have your name.  There's the Canadian Adoption Reunion Registry; Parent Finders

 has 35000 people on their list; ...

 http://www.leg.bc.ca/CMT/36thParl/foi/hansard/fi0204pm.htm

 Order 35 Parent Finders asked me to make an order granting the applicant  the ... See the Panel to Review Adoption Legislation in British Columbia

 (the Review Panel), ... http://www.oipcbc.org/orders/1995/Order35.html

 ==========================================================================================

 MONDAY, MARCH 10, 1997   (Meeting No. 34)

 The Standing Committee on Human Rights and the Status of Persons with Disabilities met at 9:05 o'clock a.m. this day, in VANCOUVER, B.C., the

 Chairman, Sheila Finestone, presiding.

 WITNESSES:  Parent Finders:  Joan Vanstone, National Director.

 Ms Joan Vanstone (National Director, Parent Finders):   "My name is Joan Vanstone. I'm the Canadian national director of Parent Finders, the adult adoption group, who have lobbied successfully in British Columbia for what we consider very important, a freedom right, the right of information about yourself in order to make a self-determination on an informational basis.

We are interested in the best interests of children from the time of their birth until the day they die, because of course it's a lifespan process.

One of our major concerns is who owns DNA. There's the DNA of the mother, there's the DNA of the father, whether it's a natural birth process or artificial insemination or the new reproductive and genetic technologies. The United Nations Convention on the Rights of the Child clearly states that the paramount right is the right of the child to preserve his or her identity.

So we are very closely following these discussions today, and Bill C-47,  because unfortunately we don't have legislation on the rights of the fetus  today. We really need to get that cleaned up. Certainly once a child is born, the child must have the right to the DNA, they must have the right to it being properly recorded, and they must have the names of the donors, because the child  has no choice. The donors will have a choice, if they do not wish their identity known, not to become part of the process. The child has no choice and we have to look out for the children, because in a sense they are disabled by age.

 It came to my attention this morning that upon 3rd reading of Bill C-14 next week, the Conservative government is now going to rise to
overturn the Standing Committee on Citizenship and Immigration recent  amendment, the addition of Clause 2;
 http://cmte.parl.gc.ca/cmte/CommitteePublication.aspx?SourceId=171815

        Important News on Canadian Citizenship and International Adoption

                                               – Please Act Now! -

Next week, the third reading of Bill C-14, which simplifies the acquisition of Canadian Citizenship for children adopted overseas, is due for debate in Parliament. The adoption community is deeply concerned that further changes proposed to the legislation during third reading will discriminate against adopted children.

For reasons unknown, the Federal Government plans to leave adoptive families with an inferior review process when citizenship applications for their children are denied. Rather than a full appeal on the legal issues via an appeal to the appeal division of the Immigration and Refugee board, families will only have recourse to a “judicial review” in the Federal Court. This is blatant discrimination based on family status and is a violation of the equality provisions of the; Canadian Charter of Rights and Freedoms, the Canadian Human Rights Act and the United Nations Convention on the Rights of the Child. Adoptive children shouldn’t be treated differently – it’s time to speak up for our kids.

Below you will find an edited copy of the email sent by Parent Finders of Canada to Prime Minister Harper. Please copy this letter and send it to your local MP (locate them at ) and to the people cc’d below.

Your letter of support needs to be sent ASAP to;
the Prime Minister; Right Honourable Stephen HARPER; pm@pm.gc.ca
the Minister of Citizenship and Immigration, Hon. Monte Solberg; Solberg.M@parl.gc.ca
and the Caucus Chairs for each party, with a request that your email be forwarded to all members of their party

Conservative: Rahim Jaffer  - mailto: jaffer.R@parl.gc.ca
Liberal: Ray Bonin               - mailto: Bonin.R@parl.gc.ca
BLOC: Louis Plamondon,    - mailto: Plamondon.L@parl.gc.ca
NDP: Judy Wasylycia-Leis  - mailto: Wasylycia-Leis.J@parl.gc.ca
 

Standing Committee on Citizenship and Immigration (CIMM)

Also email the clerk of the Committee; William Farrell, cimm@parl.gc.ca

and request;

Would you please forward a copy of this email to all Members and Associate Members of the

Standing Committee on Citizenship and Immigration. Thank-you

Thank you for any time and support which you can provide in this matter.  Sample letter follows:

Right Honourable Stephen Harper
Prime Minister
House of Commons
Parliament Buildings
Ottawa, Ontario
Canada
K1A 0A6

October 10, 2006

Re: Bill C-14, An Act to amend the Citizenship Act (adoption)


October 12, 2006

 Dear Prime Minister;

It has come to my attention that upon 3rd reading of Bill C-14 next week the Conservative government plans to overturn the Standing Committee on Citizenship and Immigration’s recent amendment to the Bill allowing that any decision of the Minister may be appealed to the Immigration Appeal Division of the Immigration and Refugee Board.

The refusal of a citizenship application under the proposed amendment to Bill C-14 would be subject only to judicial review in Federal Court rather than full appeal on the legal issues to the Immigration Appeal Division of the Immigration and Refugee Board. This provides for an inferior review process and disadvantages adopted children in the event of a refusal of the application for citizenship. The IAD appeal process is a right to which all other non-adopted citizenship applicants are entitled. The proposed amendment is blatant discrimination based on family status and is a violation of the equality provisions of the; Canadian Charter of Rights and Freedoms, the Canadian Human Rights Act, and the United Nations Convention on the Rights of the Child.

Prime Minister I respectfully request that you and the Minister review this issue before Bill C-14 comes up for 3rd reading next week and that you and the Conservative caucus will then rise in support of Standing Committee on Citizenship and Immigration's recent amendment in Clause 2 in order to ensure adopted children's human right to equality.

I look forward to your earliest response to this urgent and pressing matter.

<your signature>

Yours sincerely,
Jim Kelly, Legislative Chair
Parent Finders of Canada
http://www.parentfinders.org/

http://www.chrt-tcdp.gc.ca/search/view_html.asp?doid=205&lg=_e&isrulin

http://reports.fja.gc.ca/en/1998/1999fc23364.html/1999fc23364.html.htm

http://www.bchrt.bc.ca/decisions/2001/pdf/gill_and_maher_murray_and_popoff_v_ministry_of_health_2001_bchrt_34.pdf

http://scc.lexum.umontreal.ca/en/2003/2003scc34/2003scc34.pdf#search=% 22scc%20Trociuk%22

http://www.courts.gov.bc.ca/jdb-txt/sc/03/17/2003bcsc1784.htm

www.unhchr.ch/tbs/doc.nsf/898586b1dc7b4043c1256a450044f331/ae2760331a273f7bc125702f0032bdf5/$FILE/G0540879.pdf

http://www.gov.mb.ca/legislature/hansard/3rd-36th/la_005/la-005.html

http://www.parl.gc.ca/35/Archives/committees352/srta/english_committee.html