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Canadian Citizenship -- What's the Queen Got to Do With It?

Posted: 06/02/2012 12:00 am

To many individuals and families around the world, Canada is rightfully regarded as a resettlement destination that offers immigrants and new Canadians a range of freedom, choice and opportunity that only a relatively small portion of the world's population is privileged enough to take for granted.

In becoming new Canadians, these individuals often leave behind states and societies headed by undemocratic leaders and institutions whose "legitimate" grip on power rests on little more than sentimentalist appeals to tribalism that is veiled behind "tradition." Not to mention a public's nonchalance that latently defends its state's anachronistic practices with an attitude that boils down to, "well, this is just how we do things here." In many cases, expressing or even being perceived to hold positions contrary to this peculiar manner of running society can be met with various degrees of state-sanctioned repression.

Often, it is precisely these problematic practices and this primitive attitude which individuals aim to escape in exchange for the Canadian promise of full membership in a civic community that is democratic, and promotes the sanctity of basic human rights and freedoms.

Why then, is there a legal obligation for individuals to take a solemn oath of allegiance to faithfully serve the Queen, her heirs and successors in order to gain full access to the democratic protections of Canadian citizenship?

Lawyer and activist, Charles Roach, has been attempting for the past three decades to bring the courts to answer this question. In his tireless campaign, Roach, born a British subject in Trinidad, has contended that the British monarchy is racist and wrong because it is a system of hereditary privilege which undermines the Canadian way of promoting and protecting institutions that guarantee and facilitate equal-opportunity and diversity.

Relying on Charter-guaranteed freedoms of conscience, speech and association, as well as the right to equality and the enshrined principle of multiculturalism, Roach has been pleading his case since 1988. He argues that it is unconstitutional for aspiring Canadians to be denied the choice to swear an oath of allegiance that does not include the Queen and her heirs. Ardently sticking to his personal convictions, Roach has even gone so far as deciding to remain a permanent resident of Canada since 1964 despite being approved for Canadian citizenship -- an entitlement he continues to refuse to claim due to the required oath to the monarchy.

While it's easier to dismiss calls for the abolition of the monarchy in Canada, I can't help but wonder, are there any reasonable arguments for denying potentially new Canadians the right to swear an oath of allegiance that does not mention faithful service of the Queen, her heirs and successors?

Of course, there are those who will immediate cite "tradition" in defence of maintaining the status quo regarding this solemn oath. But aren't the Charter of Rights and Freedoms and the Canadian Bill of Rights a part of the Canadian tradition as well? And really, are mere historical ties and warm feelings and memories of the Queen all we have for legitimating limitations on individuals' fundamental rights, freedoms and ability to become Canadian citizens?

There are, of course, many ways to answer these questions. However, I don't imagine that any of these answers would serve to rebuff a leering suspicion I have that retaining this oath as it only allows for the persistent festering of a national inferiority complex that has been allowed to chronically infect Canadian identity and society.

Of course, Canada is not the only country that lazily chooses to re-appropriate symbols of its historic subjugation and redeploy them as a means of instilling a sense of national unity and strength (see, for example, every other Commonwealth county and the Francophonie). In fact, when you think about it, it kind of makes sense. If it helps, you might think about it in the same way that black people sometimes refer to each other using the N-word as a term of endearment. Perfectly understandable, right?

Anyway, suffice it to say, I'd like to think that Canadian culture is resilient, creative and dynamic enough to withstand the effects of potentially new Canadians being given the option to swear an oath to serve the state and society that is offering them a better life and opportunity for full democratic citizenship, and do so without having to reference an institution and individuals that only seem relevant when searching for gossip, stale nostalgia, good pictures and contrived jubilation qua Canadian national pride.

 

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To many individuals and families around the world, Canada is rightfully regarded as a resettlement destination that offers immigrants and new Canadians a range of freedom, choice and opportunity that ...
To many individuals and families around the world, Canada is rightfully regarded as a resettlement destination that offers immigrants and new Canadians a range of freedom, choice and opportunity that ...
 
 
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01:17 PM on 06/04/2012
The Canadian Citizenship Oath states "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 fulfil my duties as a Canadian citizen." Where is there any reference to the Queen of England. The Oath is 100% Canadian.

Sadly too many people don't realize her separate roles.
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12:20 PM on 06/04/2012
No one swears an oath to the "Queen of England". There hasn't been a Queen or King of England for more than 300 years. There is a Queen of the United Kingdom, but new Canadians don't swear an oath to her either. They swear an oath to the Queen of Canada. This is not an insignificant point. Canada is a monarchy in its own right. And as the Queen of Canada symbolizes the Canadian state and the values embodied in the Constitution, swearing an oath of loyalty to the Queen of Canada simply means swearing loyalty to Canada and its Constitution.
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Turdinthepunchbowl
Just say no, to the opiate of the masses.
10:27 AM on 06/04/2012
Somehow in the "editing" some terms were incorrectly redacted. The title of the Pulitzer Prize winning book by Professor Elkins of Harvard is "Britain's Gulag: The Brutal End of Empire in Kenya." Also, various spellings are Kikuyu or Kukuyu depending on the translation from the indigenous language.
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Turdinthepunchbowl
Just say no, to the opiate of the masses.
09:59 AM on 06/04/2012
This post hasn't gotten through two times before likely because the moderators are too comfortable in censoring uncomfortable truths. The reason many object to an oath of loyalty to the queen is that she represents the evils of empire. A simple example of the most recent past is the terrorizing of the Kukuyu People of Kenya from the late 19th century to the early 1960s. In the Pulitzer Prize winning book "Britain's Gulag: The Brutal End of Empire in Kenya," Harvard professor Elkin describes in horrific detail the subjugation, ethnic cleansing and slavery imposed on this people. Hundreds of thousands were placed in concentration camps and tens of thousands were slaughtered. The atrocities committed by the British in their torture centres on tens of thousands of Kukuyu were amongst the most brutal known to mankind in the 20th century; a comparison with Pol Pot's techniques is not an exaggeration. I remind you that the height of these crimes were committed in Kenya's struggle for independence in the 1950s. I also remind you that Princess Elizabeth effectively became Queen Elizabeth II in 1952 while on royal tour in Kenya. Although the queen herself by all reports is a nice enough person she represents to many the face of a very horrific and barbaric system of enterprise called empire. This may help to explain why some have moral hesitancy swearing fealty to the queen.
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Turdinthepunchbowl
Just say no, to the opiate of the masses.
09:01 AM on 06/04/2012
Pledging allegiance is the issue. Why forced against one's will to pledge fealty to a figurehead who represents the destructive nature of imperialism and empire. And this is just not in the remote past but in living memory (and some would say ongoing in the present). The Queen herself is likely a pleasant enough lady, but she is the royal seal of approval of empire and its horrific crimes. I suggest the book by Prof Elkins of Harvard that won the Pulitzer Prize, "Britain Gulag: The Brutal End of Empire in Britain." Kenya occupied and terrorized by the British for over 70years where the indigenous Kukuyu were slaughtered by the tens of thousands, and placed in concentration camps by the hundreds of thousands. Actual slavery existed while endorsed and perpetrated by the British Government. This was in the 1950s (I remind you Princess Elizabeth effectively became Queen Elizabeth II in 1952 while on tour of Kenya). This might be why some who were at the business end of imperialism have problems swearing fealty to the figurehead of what to them was a horrific, criminal and racist enterprise.
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Pondering panda
08:38 AM on 06/04/2012
Although I appreciate the points made, as an immigrant myself i don't see how getting rid of the oaths would better Canada in any way. But hypothesize with me a moment; lets say the writers Trinidadian friend manages to raise a party to get rid of said oaths, doesn't that seem like a slippery slope? It would set a precedent that says Canadians care more about placating immigrants in order to be more multicultural that they do about their own heritage and tradition. First the Mountie uniform, hard hats, the oath... whats next? will the Canadian anthem be sung in Hindi at the London Olympics?
07:47 AM on 06/04/2012
The vast majority of you seem to have totally misread the article. Someone point out for me exactly where in the article there is a call for abolishing the monarchy in Canada.
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1846
Deir Yassin Survivor
05:41 AM on 06/04/2012
Come to Canada and work and build for the future, but If you don't want to pledge allegiance to Canada and her culture, don't. If Canada asks you to be a part of her heritage then that's what you do.
Generations of Canadians have built a Society which is democratic and one of the best on the planet.
Stay in your pooh hole and pledge allegiance to whatever you wish we already have enough people who think Canada is a great welfare state.
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Doctor Nick
Hi, everybody!
05:12 PM on 06/03/2012
Let's inject some facts here. Most recent polls says that a plurality of Canadians would prefer a Canadian head of state and getting rid of the Monarchy. This is not always a majority in the polls because many people answer they don't know or are indifferent, but there are more people who prefer to see the monarchy go than see it remain, despite a positive opinion of the current Queen.

The only reason the monarchy will remain - and I think it will - is that people don't care enough about it to go through the constitutional debates. The system is set-up to reinforce the status quo, and I don't see enough people who care to get unanimity across the 10 provincial legislatures and federal legislature.
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1846
Deir Yassin Survivor
05:32 AM on 06/04/2012
And your loyalty is to your?? What.
People without a spirit of allegiance should all move to quebec where they are most popular.
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Doctor Nick
Hi, everybody!
02:29 PM on 06/04/2012
My loyalty in order of priority is to my family and friends, and then my principles. I'm not even a Canadian nationalist, so good luck getting me to be "loyal" to the Queen. I never swore an oath of fealty or bended the knee. And Quebec, like France, have a lot of good ideas - one of them was abolishing the monarchy, though it IS unfortunate it had to involve the guillotine and I would not wish that on anyone.
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02:57 PM on 06/03/2012
If you wanted to be a republican you should have gone to the United States. Being a monarchy, especially a constitutional monarchy, reminds us all that there is nothing about the politicians that we elect that makes them better than the common citizen whereas the worship of American Presidents tends to turn my stomach.
10:56 PM on 06/03/2012
So, let's make a republic out of Canada
02:11 PM on 06/03/2012
Yes, that's ironic. Because you don't have to do any of that when you get UK citizenship!
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SeanMartin
Everything in moderation.
01:41 PM on 06/03/2012
I really wish that these people who so desperately want to become Americans would simply go there and see what living in a country with such a backward sense of heritage is like. Canada is the country it is thanks in large part to our British and French history — and the monarchy, like it or not, is part of that.

I was watching the Jubilee celebration this morning, and they recounted some of Elizabeth's time. One in particular that struck me was during World War 2, during the Blitz — as the bombs were falling, she stayed in London and helped with the injured and dying, unlike I'm sure her counterparts in Ottawa and Washington, who would be running out of town and leaving everyone else to fend for themselves. She put country first and foremost, as she has ever since... and to be searingly blunt, our leadership in Ottawa would do well to learn from her experience.

If I"m pledging allegience to someone, I can think of few better warranted for it.
02:22 PM on 06/03/2012
As I said in another blog, the "Firm" has definitely got its money's worth from whichever PR Agency its taken on to do its spin doctoring. Ever since Diana's death (their low point) their image has had an extreme makeover, and some of the "public" have been lapping it up.

For some reason, Canadians seem more partial to sentimentality about the Royal Family than most. Certainly they're more naive than the Brits. But I suppose they don't have to pay for the extravagance that all this Jubilee nonsense is costing the UK citizens ($8.8 million at last count), which is already going through a double dip recession.
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cwebster
predominantly exasperated
06:36 PM on 06/03/2012
Nothing to do with naiveté, and everything to do with the elephant below. Anything that distinguishes us from our neighbours to the south is appreciated. Btw, I'd far rather have the Queen for my Head of State than Harper...that right there is reason enough to keep the Monarchy.
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SeanMartin
Everything in moderation.
06:57 PM on 06/03/2012
You're welcome to whatever you want to believe, no matter how truly wrong-headed, but hey, your choice.
12:17 PM on 06/03/2012
>Why then, is there a legal obligation for individuals to take a
>solemn oath of allegiance to faithfully serve the Queen of England

Wrong, there isn't. She is the Queen of Canada.
11:00 PM on 06/03/2012
Ackward. Since1982, we are an independant country. As an independant country, we do noy have a queen....
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02:25 AM on 06/03/2012
Canada is firmly grounded in old century. This whole monarchy business has got to go.

In the meantime, let the nativist, rednecks and other psychos implode.
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colpy
04:57 AM on 06/03/2012
First of all, considering a large portion of Canadians support the Monarchy, it does not "have to go".

Secondly, if you knew anything about Canada, you would understand that the Queen is thoroughly enshrined in our Constitution, and it would take unanimous approval of all 10 provinces, and both houses of Parliament to remove her.......as well as a complete re-write. That makes it impossible for the Monarchy to be removed.

Thirdly, Canada is grounded in a constitutional tradition that goes back past Runnymeade in 1215.............and there is absolutely no reason to dump the results that 800 years of progress.
markhahn
rational progressive
02:14 AM on 06/03/2012
oh, grow up. it's called history, and you look like a fool for wanting to rewrite or deny it. I recently took the oath, and had no problem with the anachronistic Queen parts, any more than I resent living in a place named after people who died long ago. Complaining about the Queen is about like wanting to fix the name of the country (since it's based on a mistaken translation.)

we have REAL issues that we should work on, not ephemera like that. the most fundamental one is that our riding-based, winner-take-all system was designed specifically for a world where fast communication was horseback. we no longer need ridings, and the inherent disenfranchisement that goes along with winner-takes-all. if we had electoral reform, Harper would be just a minor crank. note that in a reformed electoral system, the Queen in the person of the GG would still play a role in asking parties to form governments - usually coalitions representing a *majority* of citizens, rather than just 26% like now.