Name

A unique combination of a given and a surname, assigned to an individual, generally at birth, and used to identify distinguish that individual both socially and in regards to the assertion or defence of legal rights.

Quebec's Civil Code (2009), at §3, 5 and 50, defines a name as follows:

"Every person has a name which is assigned to him at birth and is stated in his act (certificate) of birth. The name includes the surname and given names.

"Every person is the holder of personality rights, such as ... the right to the respect of his name....

"Every person exercises his civil rights under the name assigned to him and stated in his act (certificate) of birth."

In Melnychuk v Heard, the Alberta Supreme Court had an election case before the court.

Justice Greschuk faced a claim that an election ballot which inadvertently included the title "Dr." was null and void. The court held it was not sufficient a defect to vitiate the election. On the issue as to what constitutes a name pursuant to the federal Election Act:

"A name is a title by which a person or thing is known or designated. The sole function of the name is to identify the person it is intended to designate. A person's name consists of one or more Christian or given names and one surname or family name."

The right to a name is often considered to be a basic human right. For example, the 1966 United Nations Covenant on Political and Civil Rights provides, at §24(2):

"Every child shall be registered immediately after birth and shall have a name."

REFERENCES:

• Civil Code, Revised Statutes of Quebec, Lois du Quebec 1991, Ch. 64
• Melnychuk v Heard 45 WWR (Western Weekly Reports) 257 (1963)