Monthly Archives: May 2011
Update to the Olivia Pratten case
Last week I posted Olivia Pratten wins court case that was a short news account on her victory for donor conceived individuals in BC. In the comments I link to a more in-depth article on it. I hope that it spurs some serious ethical discussions and changes based on the ramifications anonymous donation has on the individual conceived in this manner.
Today I found the following details about why she won.
Digest: Pratten v. British Columbia (Attorney General)
HELD: Action allowed, in part. The provisions of the Adoption Act and Adoption Regulation, with the exception of s. 4(1)(e) to (h) of the Regulation, unjustifiably contravened s. 15 of the Charter, were not saved by s. 1, and, as a result, were of no force or effect. The declaration was suspended for a period of 15 months. A permanent injunction was granted prohibiting the destruction, disposal, redaction or transfer of Gamete Donor Records in British Columbia. Pratten’s claims for declarations under s. 7 of the Charter were dismissed. The omission of donor offspring from the benefits and protections provided to adoptees under the Adoption Act and Adoption Regulation was a violation of s. 15(1) of the Charter. Excluding donor offspring from the benefits and protections of the Adoption Act and Adoption Regulation created a distinction between adoptees and donor offspring. The distinction was based on an analogous ground, namely, manner of conception, and specifically, conception by anonymous gamete donation. Except for s. 4(1)(e) to 4(1)(h) of the Adoption Regulation, the omission of donor offspring from the provisions of the Adoption Act and Adoption Regulation was discriminatory.
The above link provides more than just the quote above as to the reasons why Pratten was successful in the permanent injunction against destruction, disposal, or redaction of donor records in BC. From my understanding the decision was based on 15.1 of the Canadian Charter of Rights and Freedoms and the BC Adoption Act and Adoption Regulations Act. Both are well worth the time to read and hopefully other jurisdictions will look to BC. Links to these acts are at the end of the post.
Canadian Charter of Rights and Freedoms
Equality Rights
15.(1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
(2) Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
Equality Rights Background
By Kaelen Onusko, University of Alberta LL.B. student
What is Equality?
The term “equality” is difficult to define, as there is no precise meaning of the word. Canadian courts have interpreted “equality” to mean that every individual is entitled to dignity and respect and that the law should apply to each individual equally.
The entire article is well worth reading and goes into how the courts have dealt with specific other cases. Further down the page it states:
The Supreme Court of Canada held that the purpose of section 15 was to protect vulnerable groups from discrimination. Discrimination was defined as “a distinction, whether intentional or not but based on grounds relating to personal characteristics of the individual or group, which has the effect of imposing burdens, obligations or disadvantages on such individuals or groups not imposed upon others, or which withholds or limits access to opportunities, benefits, and advantages available to other members of society.”
Further down it provides the clarification of human dignity from the Supreme Court of Canada.
The Supreme Court clarified the meaning of the term “human dignity” and what it was comprised of. “Human dignity means that an individual or group feels self-respect and self-worth. It is concerned with physical and psychological integrity and empowerment.”
British Columbia Adoption Act
British Columbia Adoption Regulations
Emails between those ‘mal-adjusted adoptees’…
The Adoptedones:
You live down south and there are probably nasty snakes there. Are there? I hate, hate, hate snakes – spiders are good, other bugs are good, most reptiles don’t scare me but snakes, nada. Do you have snakes where you live? We only have garter snakes and they make me run and scream, worse than mice and rats. Strange email I know but the question came to me while watching TV last night.
Shadow Adoptee:
And, oh, yes, we have snakes. Mostly just rat snakes, otherwise known as bull snakes, or chicken snakes. They sort of look like rattle snakes, if a person isn’t familiar with the difference, or accustomed to see them. Not my favorite critter either. I try to make lots of noise, and if hubby sees one he tells me, so I can avoid or prepare for the situation. I’ve had babies crawl up on the bench by the back door to get out of the water, and on my swing to sun. If hubby isn’t around, I hit the bench or shake the swing before sitting down. Mostly they stay clear of us, and we stay clear of them. They do keep the rat and rabbit population under control, so the rule, “Stay out of my way/house, and I’ll stay out of yours.” seem to work for all. We haven’t seen any poisonous snakes around here. Those would be shown no mercy, an immediately killed. We have had a couple of six foot bull snakes, but they avoid us as much as we avoid them. On average, we only see two, maybe three, a year. Two of my neighbors actually had a snake, somehow, get in the house, but we think it was, for one, when she carried in some large potted plants, and the snake had just burrowed down or something, and the other, from under the house. I have a concrete foundation. Nothings coming up through that, and I don’t bring outdoor plants in anymore…for obvious reasons. Lol
The Adoptedones:
You are braver about snakes than I am. I have my feet up just reading what you wrote.
Shadow Adoptee:
I just wanted to see how you were doing? Is everything O.K.?
The Adoptedones:
Just overall kind of in a funk. How about you? You have been noticeably
absent lately.
Shadow Adoptee:
I’ve been spending a lot of time outdoors, mainly just sitting and daydreaming, listening to the 500 baby birds in nest under my carport chirping. My goodness they are noisy. Of course there aren’t 500, but it sounds like it. The mom and dad bids are so very busy trying to keep them all fed. My gosh they work hard. They are accustomed to me, so they fly near me, land near me, and occasionally poop on me. lol had to move where I was sitting. The babies should be leaving the nest soon, so quiet will return to the home front. Yeah! lol
Shadow Adoptee:
I’ve spent all week putting squash, from the garden, in the freezer. I thought I was done, until last night, when hubby brought in another counter full to put up. Guess what I’ll spend the rest of the afternoon doing? I’m beginning to really dislike squash.
Fill me in on what is going on with you? I miss you and my other online friends. Hopefully soon I can get back to the blog.
The Adoptedones:
Seems funny to hear you are already doing veggies as we are just now getting sun and temps in the 60’s.
I MISS YOU TOO!
Shadow Adoptee:
7 quartz of green beans, and that’s just the first picking. I’ve lost track of the squash, but the freezer is at it’s quota on squash. Still waiting on tomatoes to turn red. Why does it takes so long for a tomato to turn read? Cucumbers, well, I’ve gotten one so far, and I don’t know what I’m doing wrong there. I should have cucumbers running out my ears. Bell peppers and egg plant are covered with blooms, but no peppers or egg plant yet, which makes me wonder what’s up with that too. Am I just impatient? All of Hubby’s hot peppers are coming on strong, and he should be picking them in the next few weeks. We’re trying to beat the grasshoppers this year. So far, so good. Oh, and there’s a watermelon patch, but I have very low expectations there.
I read your last post to the blog. You wont believe this. One of the first things I did when I lost my job was try to root some roses from cuttings off my only rose bush. Out of three cuttings, one took and has a bud. I’ve tried another, but it’s still in the experimental stages. I took the cover off today and the new growth, on my latest rooting, began to wilt. I put the cover back on and took it out of the sun. Hope it’s not too late. Anyway, if/when the bud, on my first one, opens, I want to take a picture and email it to you. The rose bush is only a stick about two inches tall, but the bud is a good size for such a small plant. I think it would be cool to post it to the blog in memory of your dad. What do you think?
The Adoptedones:
And I was just musing at the window that the apple tree is filled with blooms and we should get a good batch of apples this year. The tree is a 5 variety dwarf apple tree and they come on at different times, so I don’t have to make apple sauce as we are always up for apple crisp or pie after dinner.
My strawberries are blooming too – they sit in pots on the front stairs to get the most sun and hang over the sides of the pots so they don’t get mushy from all the rain. I get a cereal bowl full every couple of days through October.
Rhubarb is starting and the grapevine is just budding out. The grapevine was a gift from dad as a start off one from his that hubby moved from our old house in the dead of winter simply because it was from dad.
The Salmon berries are coming on and the raspberry canes are growing like mad but that is all I grow now. (Salmon Berries are like a very mild raspberry that grow wild here and have small thin branches instead of canes.)
Amazing about you planting roses like dad did – I hope they survive. I doubt I would be successful as I ‘forget’ as soon as I plant something now, and if it survives it is sheer luck. I am successful with sweet peas…
Shadow Adoptee:
I had forgotten that we have a small pot of strawberries. Actually, it’s hubby’s pot of strawberries. I love strawberries. Unfortunately, we can’t keep the birds, or squirrels, out of them, and we only got about five strawberries. Apparently, a squirrel had buried a pecan in the pot over the winter. A little sprig of green started coming up in the pot. Hubby, pulled it up, thinking it was a weed or something. As it turns out, the sprig was attached to a pecan. It was a pecan tree that had taken root in the strawberry pot. Hubby put it in a five gallon bucket, which we normally would grow tomatoes in. It’s grown quite a bit since, and looks like we can add it to the other pecan trees someday, when it’s big enough. We have four pecan trees, but rarely get any pecans. The birds and squirrels beat us to them.
I hadn’t heard of salmon berries before. We have wild blackberries, but there been so little rain that they haven’t done well as yet. We had some wild grapes at one time, but again, the birds keep the fruit picked clean. I’ve tried just about everything to keep the birds from getting everything, especially my tomatoes. Then there are the squirrels, rabbits, possums, skunks, and the ever so hated grasshoppers that will show up in June. The only solution I’ve found; grow enough to feed them all, and us too.
Keep your fingers crossed that the rose will bloom soon. I think I’ve rooted all I can for the season, as it will be getting really hot here in the next couple of weeks, too hot for rooting roses. I still find it amazing just how similar we are. Oh, and would you believe, the little birds that have nested on the carport have hatched a second batch of little ones? I thought they just had one set of little ones a year. Apparently not, because, I swear, it’s the same mother bird that nested there before. I’d know that chatter anywhere. Oh, well, I had a few weeks of silence. OH, and we finally have a hummingbird coming to the feeder Hubby bought me for my birthday. Just wish I could see it.
Did you really think adoptees only talk about adoption and how horrible it is?
And yes, we also talk about other things and these are just snipits from our latest emails, but I still find it amazing that two individuals who have never met in person, live in different countries, lived totally different lives, can share so many things in common, not just the fact that we are both adoptees.
Here’s to great friends…
The right to know where you came from vs the right to be a parent…
For every action we take in life there is a reaction. It is our moral obligation to consider the reaction (impact) before taking the action.
My dad was the gardener with the proverbial green thumb. He could literally just sprinkle the seeds and they would grow on command. I remember the first time he saw my pink rose bush and when he was ready to go home, he cut one rose to take with him. When he got home he planted it, (who knew you could do that?) and now there is a beautiful rose bush that rivals mine. He also did the same each year by selecting the best of the harvest, flowers or vegetables, and saving the seeds for the next year. He did not approve of the neat tidy gardeners that did not allow automatic composing into the soil of spent vegetation, and who instead picked up any clippings, leaves, stems, and flowers and disposed of them in the garbage. He said that was the wrong attitude and doing that and then having to use chemical fertilizers and pesticides to grow their gardens, would destroy the environment and was selfish and they were only thinking of themselves and not the impact on the future generations. And he was right, just like he was right about over prescribing antibiotics and many other things…we see the impact now that he saw 50 years ago…but people did not want to listen, they wanted what they wanted.
Dad’s style of gardening is just one of the many examples he taught us kids on how to be proactive thinkers and human beings. Think about what you are doing and how it will impact others in the future, before you do it.
I can take the above thoughts and apply it to how donor conception is practiced. When the science was developed no one seems to have thought about the reaction of the end product – the human being. Corporations saw profits from a seemingly unlimited supply of people wanting to become parents. So they jumped in head first and did not think of the impact on the one most desired…People were willing to “donate” for a price and they did not think of the end product – simply the money or feeling good about making a dream come true for someone else.
No one stopped and said – hey wait a minute – what if the human beings created want to know where they come from? Or maybe they did and then used the same tired old argument used on adoptees – you should be glad to be alive and that should be good enough…
I don’t know what it is like to be a donor conceived individual, but I do know what it is like to live without knowledge of where you came from.
If people think it is okay to limit that knowledge to one or two classes of individuals they are wrong. If there is no reason why anyone should need to know where they came from, then take all babies born and give them to the next in line so no one knows where they came from. Pretty sure that wouldn’t fly.
If making non-anonymous “donation” the norm means less people will be able to become parents, then they have my utmost compassion for their loss – yet their loss does not trump the DC individuals loss and right to know where they came from.
Olivia Pratten wins court case
TELUS, news, headlines, stories, breaking, canada, canadian, national.
B.C. judge says anonymity for sperm, egg donors is unconstitutional
VANCOUVER – A woman born as a result of donor insemination has won her lawsuit seeking to end the anonymity of sperm and egg donors in B.C.
Olivia Pratten was conceived in 1981 as a result of donor insemination.
After fruitless efforts to obtain records about the sperm donor, Pratten sued the provincial government, arguing that the provincial law discriminated against people born from such donations because they don’t have the same ability to learn their genetic roots as adopted children.
In a ruling released today, B.C. Supreme Court Judge Elaine Adair agrees that the B.C. Adoption Act of 1996 is unconstitutional.
The judge grants a permanent injunction against the destruction of donor records in B.C.
But the ruling gives the B.C. government 15 months to amend the law to address the offspring of such reproductive technologies.
Elliot Krane: The mystery of chronic pain
About this talk
We think of pain as a symptom, but there are cases where the nervous system develops feedback loops and pain becomes a terrifying disease in itself. Starting with the story of a girl whose sprained wrist turned into a nightmare, Elliot Krane talks about the complex mystery of chronic pain, and reviews the facts we’re just learning about how it works and how to treat it.
About Elliot Krane
At the Lucile Packard Children’s Hospital at Stanford, Elliot Krane works on the problem of treating pain in children.
The Ted talk is under 10 minutes but he does an excellent job of explaining chronic pain and how they hope to find real solutions in the future.
Just what is an ‘expectant woman’…
She expects to be a woman?
Sadly in this context it the person is describing an expectant mother and by taking away the title of mother and replacing it with woman, has just reduced her to simply a vessel or incubator…so wrong on so many levels that I have no words to explain my absolute disgust.
Talk about insecurity in not wanting to even allow the title of mother before the papers are signed…but hey…no problem calling the PAPS adoptive parents before the papers are signed…or even matched for that matter. How would an AP liked to be referred to as an Adoptive Woman?
Now I am angry…wow…not acceptable at all. She is an expectant MOTHER and will be the child’s mother FOREVER just like Adoptive Parents are Forever Parents.
Ugh…and people wonder why adult adoptees shake their head and get mad. How about trying to have a little humanity?
Couple of the search terms that showed up this week…
can you pay mother to adopt her unborn child
Really? That is called buying a human being and buying or selling human beings is illegal…and if you do then you are participating in BLACK MARKET ADOPTION and it is ILLEGAL…
how to adopt without birth mother expenses