This case challenged a Prince Edward Island law which prevented a married woman from giving her child her surname. 

LEAF sponsored Susan Stewart’s challenge. 

Facts 

Susan Stewart and her husband wanted their child to have the last name “Stewart”, but were prevented from doing so by a provision in the Vital Statistics Act.   

Arguments 

Ms. Stewart, sponsored by LEAF, argued that the legislation violated her equality rights under s. 15 of the Charter.  

Outcome 

On the eve of trial, the Prince Edward Island government amended the legislation to allow married women to give their surnames to their children. 

LEAF is grateful to Daphne Dumont, counsel in this case.  

Our records are imperfect, but we are doing our best to update them – if you were involved with LEAF on this case but your name is not reflected here, please email us at [email protected].