Trociuk v British Columbia (AG), 2003 SCC 34 is a leading Supreme Court of Canada decision on section 15(1) of the Canadian Charter of Rights and Freedoms where a father successfully challenged a provision in the British Columbia Vital Statistics Act which gave a mother complete control over the identity of the father on a child's birth certificate on the basis it violated his equality rights.

The Director of Vital Statistics denied the changing of the children's surnames to include their biological father's name.

Two out of the three judges, Justice Southin and Newbury ruled that the judgement of the British Columbia Supreme Court would be upheld on May 23, 2001.

She believed that the Vital Statistics Act violated section 15(1) of the Charter and could not be justified in a fair and democratic society (reasonable limitations clause).

She noted that despite that the Law test states that historical disadvantage “probably the most compelling factor favouring a conclusion that differential treatment imposed by legislation is truly discriminatory” (para.

These effects were found to be arbitrary and created significant impact on the perception of the father's dignity, and consequently violated section 15(1).

On the section 1 analysis, Deschamps J held the violation could not be saved because the law did not impair Trociuk's rights as little as reasonably possible.