Court to Hear Case against Canadian Oath to the Queen

This article was last updated on April 16, 2022

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A high profile case of three permanent residents of Canada has been filed in the Ontario Superior Court, as they accumulate a legal challenge against the obligation of having to swear an oath to Queen Elizabeth in order to become a Canadian citizen. CTV’s Merella Fernandez reported on Friday, that “they say their reasons are either based on religion or their conscience,” adding that “they don’t feel it’s right to take the oath.”

The three plaintiffs have argued that the obligation of having to swear an oath to the Queen is in contradiction to their constitutional rights, alleging that they shall be allowed to pledge allegiance to Canada instead. It was also pointed out that Canadian-born citizens are never asked to swear an oath to the Queen. Whereas, on the other hand, lawyers representing the federal government have argued that the oath is under effect since Confederation and that, as permanent residents, the three applicants’ constitutional rights are already protected.

The portion of the oath under scrutiny in the case calls on would-be citizens to swear that they will be, “faithful and bear true allegiance to Queen Elizabeth II, Queen of Canada, her heirs and successors.” One of the three applicants of the case, 79-year-old Michael McAteer, has been living in Canada for 50 years. He explains not wanting to take the oath because his father was persecuted back in Ireland for fighting for Irish independence. Fernandez stated that “because his father had these issues back home, he doesn’t feel it’s right for him to have to pledge allegiance to the Queen.”

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