Oath of citizenship (Canada)
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The Oath of Citizenship, as established by the Canadian Citizenship Act (R.S. 1985), is a statement recited by candidates who wish to become citizens of Canada. Upon speaking the oath, citizenship is bestowed. The purpose of the Oath of Citizenship, similar to the Oath of Allegiance, is for new Canadian citizens to pledge their loyalty to the Canadian Sovereign, Queen Elizabeth II, as the personification of the State and the personal symbol of allegiance,[1], as well as to the laws and customs of their new country. The relationship between the Oath taker and the Monarch is a complex one with roots reaching back to historical periods when a monarch ruled and accepted an Oath of fealty. Modern Oaths are still reciprocal, but now the Oath taker places their allegiance to the continuing State, its laws, etc., as embodied by the Monarch. As the legal personality of the State, the Monarch has obligations to the Oath taker. The Monarch's acceptance of her responsibilities to her subjects is symbolized by the Coronation Oath, where he or she promises "to govern the Peoples of... Canada... according to their respective laws and customs."[2]
The Oath, recited by citizenship recipients in Canada, is as follows:
- I swear (or affirm) that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth II, Queen of Canada, Her Heirs and Successors, and that I will faithfully observe the laws of Canada and fulfill my duties as a Canadian citizen.
In French-speaking areas and at citizenship ceremonies that are conducted in French, the translation of the oath of citizenship or "serment de citoyenneté" is as follows:
- J'affirme solennellement que je serai fidèle et porterai sincère allégeance à Sa Majesté la Reine Elizabeth Deux, Reine du Canada, à ses héritiers et successeurs, que j'observerai fidèlement les lois du Canada et que je remplirai loyalement mes obligations de citoyen canadien.
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[edit] Proposed changes
In 2000, Bill C-16, the proposed Citizenship of Canada Act, was introduced by the Liberal government of Prime Minister Jean Chrétien. This bill proposed (among other measures) that the Oath of Citizenship be changed to:
From this day forward, I pledge my loyalty and allegiance to Canada and Her Majesty Elizabeth the Second, Queen of Canada. I promise to respect our country's rights and freedoms, to defend our democratic values, to faithfully observe our laws and fulfill my duties and obligations as a Canadian citizen.
In French, this will be:
"Dorénavant, je promets fidélité et allégeance au Canada et à Sa Majesté Elizabeth Deux, Reine du Canada. Je m'engage à respecter les droits et libertés de notre pays, à défendre nos valeurs démocratiques, à observer fidèlement nos lois et à remplir mes devoirs et obligations de citoyen(ne) canadien(ne)."
Though an Angus Reid poll conducted in January, 1996, stated that 89 percent of respondents supported changing the existing oath,[citation needed] the bill did not receive Royal Assent. After approval by the House of Commons and a second reading in the Senate, the Bill was under consideration by the Senate Standing Committee on Legal and Constitutional Affairs when a federal election was called, resulting in the Bill's demise on the Order Paper. The Monarchist League of Canada did not support the amended oath, objecting to what they saw as being Americanized and vague terminology, as well as the separation of the Sovereign from the country (Monarchies typically see the Monarch as personification of the state), and placed second to it.[3]
On December 7, 2005, a class action lawsuit was filed by Charles Roach in the Ontario Superior Court of Justice, claiming the present Oath of Citizenship violated the Charter of Rights and Freedoms.[4] The suit was unsuccessful. The group Citizens for a Canadian Republic, which had supported Roach's lawsuit, has held an annual "Recantation Ceremony" each Victoria Day since 2003, at which some who have sworn the oath "take back" the section dealing with the Sovereign. The "recantation," however, has no legal effect. Some attention was garnered in the local, and even national, media. However, attendance was low, even being noted as such by the anchor, Andrew Nichols, who interviewed the organizer on CBC Newsworld on May 22, 2006. The Monarchist League of Canada countered in interviews, defending the oath, and stating: "We don't take oath to an abstraction or a symbol such as a flag, because those can be changed. We've got it right here... We've got a form of government here that is stable in a world where so much is not."[5]
[edit] See also
[edit] Sources
[edit] Footnotes
- ^ Heritage Canada: The Crown in Canada
- ^ The Form and Order of Service that is to be performed and the Ceremonies that are to be observed in the Coronation of Her Majesty Queen Elizabeth II in the Abbey Church of St. Peter, Westminster, on Tuesday, the second day of June, 1953
- ^ The Monarchist League of Canada: Queen or Country? Does it Matter? Understanding a Crucial Issue
- ^ Citizens for a Canadian Republic: Canada's Citizenship Act target of class action lawsuit; December 10, 2005
- ^ Mollins, Julie; Edmonton Journal: Give Victoria Day another name, group says; May 22, 2004
