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Appeal court upholds oath to Queen in citizenship case

August 21, 2014

The Ontario Court of Appeal has recently weighed in on the ongoing Citizenship Oath to the Queen saga. In an unanimous decision the Court has ruled that swearing the Oath to the Queen does not violate the applicants' Charter Rights, namely their Freedom of Express, their Freedom of Conscience or Religion, and their Equality Rights (e.g., national origin).

 

The Applicants had misunderstood the meaning of the oath to the Queen as an individual. The Court quoted the words of Justice Laskin that viewing “Her Majesty the Queen” as an individual was an anachronism and held that the reference to the Queen in the oath was a reference to our form of government (para 127). 

 

The case has drawn a lot of media attention, and I have included some links to those articles:

  • http://www.theglobeandmail.com/news/national/appeal-court-upholds-oath-to-queen-in-citizenship-case/article20032155/

  • http://www.ctvnews.ca/canada/oath-to-the-queen-upheld-by-ontario-court-in-citizenship-challenge-1.1958104

  • http://www.cbc.ca/news/canada/toronto/oath-to-the-queen-upheld-by-ontario-court-of-appeal-1.2735431

 

Here is the link to the Ontario Court of Appeal decision in McAteer v. Canada (Attorney General) 2014 ONCA 578.

 

James Anderson

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