B.C. parents launch court action over rejection of baby’s Indigenous name
λugʷaləs K’ala’ask Shaw was born on Jan. 12 to a Ts’msyen and Haisla mother and a Liǧʷiłdax̌ʷ father from the Wei Wai Kum First Nation.territory, meaning “the place people were blessed.” Shaw’s great-grandmother was born near the head of the inlet and the couple said they wanted little λugʷaləs to be rooted in his territory and connected to his ancestors.
“It is important to Ms. Smith and Mr. Shaw that their son have a traditional name so that they as a family can continue to reclaim and revitalize their languages,” the Oct. 5 court petition reads.“They foresee that he will grow up in Liǧʷiłdax̌ʷ territory and, by giving him a place name, they believe that it grounds him and conveys to him that the land on which he lives is his.
About a month later, Smith received a letter from the registrar stating that the Vital Statistics Agency was unable to accept λugʷaləs’ name, as its systems would not accept the symbols or reproduce them on identification such as a driver’s license or health card.The registrar’s letter included alternative options for expressing λugʷaləs’ name, such as “Aug’walas” or “Augwalas.” Smith and Shaw say those alternatives were offensive and colonial.
Smith’s lawyer inquired on April 4 as to whether λugʷaləs’ birth name had been registered, and was informed once more, that his name did not meet the agency’s naming standards. In addition to alleging the Vital Statistics Agency breached their constitutional rights, Shaw and Smith claim it was not within the registrar’s rights to deny the registration, given that he did not raise concerns with the truth and sufficiency of their statement. If the registrar had deemed the name “objectionable,” the petition adds, he would have been required by law to register the birth without the name, which he did not.
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