"Human Rights" +illegitimate +child
Yet another CANLii search. There are 148 hits to explore. Some highlights:
D.S.W. v. R.H., 1988 CanLII 5247 (SK CA)
"The purposes of [the legislation] are manifestly to enable an illegitimate child to receive support from its biological father and prevent it from becoming a public charge. (emphasis in original)
Similarly, in Saskatchewan, the unwed mother and illegitimate child do not have "equal benefit of the law" as required by s. 15 of the Charter when they must bring filiation proceedings within one year, as a condition precedent to applying for maintenance, but all other parents and children face no such impediment.
The foregoing system of #lizardaws CIRCA THE 70'S is perverted and amplified by the clawback policy: an unwed mother must bring filiation proceedings IMMEDIATELY upon application for WELFARE (Maintenance) from Ontario as a *condition of eligibility* for same...and in the words of the Minister...this policy is to PREVENT THE ILLEGITIMATE CHILD FROM BECOMING A PUBLIC CHARGE.
"(4) No filiation proceedings under this Act shall be commenced after the marriage, at any time subsequent to the date of conception of the child, of a single woman."
"Sherstobitoff, J.A.: The issue in this appeal is the constitutional validity of s. 9 of the Children of Unmarried Parents Act, R.S.S. 1978, c. C-8, which imposes upon unmarried mothers a one year limitation period within which filiation proceedings must be brought. A filiation order is a condition precedent to the obtainment of an order under the same Act for support against the father of anillegitimate child. A married mother seeking maintenance for her child faces no such limitation period, nor does a father who is seeking child support from the mother of the child, whether married or unmarried."
In any event, there is no other application comparable to a filiation proceeding brought by an unwed mother of which I am aware, and therefore there is no equivalency against which the inequality allegedly created by s. 9(1) can be measured so as to bring into application s. 15 of the Charter.
Well actually there is. An application for welfare.
D.S.W. v. R.H., 1988 CanLII 5247 (SK CA)
"The purposes of [the legislation] are manifestly to enable an illegitimate child to receive support from its biological father and prevent it from becoming a public charge. (emphasis in original)
Similarly, in Saskatchewan, the unwed mother and illegitimate child do not have "equal benefit of the law" as required by s. 15 of the Charter when they must bring filiation proceedings within one year, as a condition precedent to applying for maintenance, but all other parents and children face no such impediment.
The foregoing system of #lizardaws CIRCA THE 70'S is perverted and amplified by the clawback policy: an unwed mother must bring filiation proceedings IMMEDIATELY upon application for WELFARE (Maintenance) from Ontario as a *condition of eligibility* for same...and in the words of the Minister...this policy is to PREVENT THE ILLEGITIMATE CHILD FROM BECOMING A PUBLIC CHARGE.
"(4) No filiation proceedings under this Act shall be commenced after the marriage, at any time subsequent to the date of conception of the child, of a single woman."
"Sherstobitoff, J.A.: The issue in this appeal is the constitutional validity of s. 9 of the Children of Unmarried Parents Act, R.S.S. 1978, c. C-8, which imposes upon unmarried mothers a one year limitation period within which filiation proceedings must be brought. A filiation order is a condition precedent to the obtainment of an order under the same Act for support against the father of anillegitimate child. A married mother seeking maintenance for her child faces no such limitation period, nor does a father who is seeking child support from the mother of the child, whether married or unmarried."
In any event, there is no other application comparable to a filiation proceeding brought by an unwed mother of which I am aware, and therefore there is no equivalency against which the inequality allegedly created by s. 9(1) can be measured so as to bring into application s. 15 of the Charter.
Well actually there is. An application for welfare.
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