Oath of Allegiance (Canada)
Encyclopedia
The Canadian Oath of Allegiance is a promise or declaration of fealty
to the Canadian monarch, taken, along with other specific oaths of office
, by new occupants of various government positions, including federal and provincial viceroy
s, appointees to the Queen's Privy Council
, Supreme Court
justices, members of the federal and provincial parliaments, as well as of the Canadian Forces
and Royal Canadian Mounted Police
, and in some provinces, all lawyers upon admission to bar. The Oath of Allegiance also makes up the first portion of the Oath of Citizenship
, and may form a part of oaths taken by new members of law societies, the judiciary, and federal, provincial, and municipal police forces.
The vow's roots lie in the oath taken in the United Kingdom, the modern form of which was implemented in 1689 by King William II and III
and Queen Mary II
, and was used in Canada prior to confederation
. The Canadian oath was established at that time in the British North America Act, 1867
(now Constitution Act, 1867), meaning that alteration or elimination of the oath for parliamentarians requires a constitutional amendment. The Oath of Allegiance has also been slightly altered and made or removed as a requirement for admission to other offices or positions through Act of Parliament
or letters patent
, to which proposals have been put forward for further abolishment or modification.
, is:
A person may choose to replace the word swear with affirm, and to omit the phrase so help me God. The oath taker is also given the option of either swearing on a Bible
or not.
The oath for senators and members of parliament has stood the same since confederation
; according to Section IX.128 of the Constitution Act, 1867
: "Every member of the Senate and the House of Commons of Canada shall before taking his Seat therein take and subscribe before the Governor General or some Person authorized by him, and every Member of a Legislative Council or Legislative Assembly of any Province shall before the Lieutenant Governor of the Province or some Person authorized by him, the Oath of Allegiance contained in the Fifth Schedule to the Act." The oath set out in said schedule is: I, [name], do swear, that I will be faithful and bear true Allegiance to Her Majesty Queen Victoria, with the further instruction that "the name of the King or Queen of the United Kingdom of Great Britain and Ireland for the Time being is to be substituted from Time to Time, with Proper Terms of Reference thereto." The oath thus presently reads as follows:
In French
, this is:
For those parliamentarians whose religion prohibits the swearing of oaths, there exists a compromise affirmation, first instituted in 1905:
and other institutions and concepts the sovereign represents within both the federal and provincial spheres, including the state
, its constitution and traditions, unity, authority, and democracy, as well as, in the military context, the highest authority in the Canadian Forces
. The oath also acts as the legal basis of ministerial responsibility
for those being sworn into the Privy Council to sit in the Cabinet.
Former Premier of Ontario
Mike Harris
said in 1993: "The oath to the Queen is fundamental to the administration of the law in this country. It signifies that, here in Canada, justice is done not in the name of the Prime Minister, or the Mayor, or the Police Chief, as in totalitarian nations but by the people, in the name of the Queen," while James Robertson stated that the oath was the way elected members of parliament who are assuming positions of public trust promise to carry out their duties "patriotically, and in the best interests of the country." The Federal Court
also expressed that giving allegiance to the sovereign was "a solemn intention to adhere to the symbolic keystone of the Canadian Constitution, thus pledging an acceptance of the whole of our Constitution and national life," though also reflecting: "It may be argued that it strikes at the very heart of democracy to curtail collective opposition and incentive for change by demanding loyalty to a particular political theory."
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 from his or her subjects. The modern oath remains both fiduciary and reciprocal
; mirroring citizens' oaths to the monarch, the sovereign takes the Coronation Oath, wherein he or she promises "to govern the Peoples of... Canada... according to their respective laws and customs." It has been said of this mutual verbal contract: "except through the person of the Queen, Canada cannot take an oath to Canadians in return. It doesn't exist in the sense that it can take an oath. It is fundamental to our tradition of law and freedom that the commitments made by the people are reciprocated by the state. Reciprocal oaths are essential to our Canadian concept of government." For members of the Canadian Forces, the oath to the monarch is "the soldier's code of moral obligation."
Crown appointees
The letters patent
issued in 1947 by King George VI
outline that the Oath of Allegiance must be taken by a newly appointed governor general and stipulate that the oath must be administered by the chief justice or other judge of the Supreme Court of Canada
in the presence of members of the Queen's Privy Council
. In the 19th century, the oath was recited by recently commissioned federal viceroys at whatever port they arrived at in Canada. However, the contemporary practice is to swear-in governors general as part of a ceremony in the Senate chamber on Parliament Hill
. New members of the Queen's Privy Council recite a specific oath that contains a variant on the Oath of Allegiance, as administered by the Clerk of the Privy Council
, usually in the presence of the governor general at Government House
in Ottawa
. Twice, however, the oath has been delivered in front of the reigning monarch: In the year of Canada's centennial
, the provincial premiers
then in office were sworn in as members of the Privy Council before Elizabeth II in a ceremony on Parliament Hill; and, during her tour of Canada to mark the 125th anniversary of Confederation, new appointees to the Privy Council recited the oath before the Queen at her Ottawa residence
. The chief justice of the Supreme Court similarly recites the Oath of Allegiance in front of the governor general.
Parliamentarians
The Clerk of the House, or an authorized designate, administers the Oath of Allegiance to both new and returning members of parliament. Failure to take the oath constitutes an absolute bar on sitting or voting in parliament, along with a denial of the associated salary; this does not mean the person ceases to be a member of the house, simply that they cannot sit or participate in it. In 1875, George Turner Orton, member for Wellington Centre
, inadvertently failed to swear the oath. Though Orton did eventually take his Oath of Allegiance, the matter was referred to the Select Standing Committee on Privileges and Elections, which found that the votes Orton cast in the house prior to his swearing the oath were rendered invalid. The only way to change this stipulation would be to amend the constitution
, though it is not entirely clear whether or not this could be done under the general amending formula (through resolutions of parliament and of the legislatures of at least two-thirds of the provinces having at least 50% of the population), or if it would necessitate the undivided agreement of all the parliamentary houses across Canada, as is required for any constitutional alteration that affects the Crown.
A breach of the oath can also be seen as an act punishable by the denial of the offender's ability to sit in the House of Commons. Actions such as making treason
ous comments in a time of war could be considered a break of the oath, as the oath to the monarch is considered an oath to the country, but expressing anti-confederation
sentiments is not, so long as the proponent continues to work for their cause within the laws and customs of Canada. Also, the Queen could remain head of any new state formed after secession from Canada.
As early as 1867, this notion was tested; Joseph Howe
was an opponent to confederation, but was elected to the House of Commons and took the Oath of Allegiance, after which he continued to work towards dissolving the union. Later, in 1976, members of the sovereigntist
Parti Québécois
(PQ) were elected to the National Assembly of Quebec
; according to press reports, some of those persons swore the oath with their fingers crossed
and others later added flippant commentary to their oath, such as "et aussi au Roi de France" ("and also to the King of France") and "Vive la République" ("live the republic!"), or whispered the words "Sa Majesté la Reine Élisabeth II". In 2003, Premier of Quebec
Bernard Landry
, leader of the PQ, added to the oath "for the duration of the present constitutional order, which will hopefully change one day in a democratic fashion." None of the actions had any effect on the enforcement of the oath itself, however.
Canadian Forces members
Allegiance and loyalty to the monarch, and the manner in which they are expressed, are specifically outlined in the Canadian Forces
regulations and subordinate orders. Within the Queen's Regulations and Orders, it is stipulated that all Canadian citizens or British subject
s who enroll in the forces must take the Oath of Allegiance before either a commissioned officer or a justice of the peace
. Others must recite a longer oath: "I, [name], do swear (or solemnly affirm) that I will well and truly serve Her Majesty, Queen Elizabeth the Second, Queen of Canada, Her heirs and successors according to law, in the Canadian Forces until lawfully released, that I will resist Her Majesty's enemies and cause Her Majesty's peace to be kept and maintained and that I will, in all matters pertaining to my service, faithfully discharge my duty. So help me God"; the words So help me God are omitted if a solemn affirmation is taken.
, meaning they serve at Her Majesty's pleasure
, and are charged with creating or administering the law.
Early opposition to the Oath of Allegiance was expressed by the inhabitants of Quebec
shortly following the transfer of that territory from King Louis XV
to King George III
via the 1763 Treaty of Paris
. The Quebec Act
, issued in 1774, subsequently established a special Oath of Allegiance for the Roman Catholics of Quebec that, unlike the one sworn by others, which had remained the same since the reign of Queen Elizabeth I
, bore no references to the Protestant faith
. It read:
In 1970, the recently elected members of the sovereigntist
Parti Québécois
refused to recite the Oath of Allegiance before taking their seats in the National Assembly of Quebec
. At the time, all the other parties in the assembly agreed that the oath was outdated and needed to be amended. The Act Respecting the National Assembly of Quebec was granted Royal Assent
in 1982, in which a supplementary oath pledging loyalty to the people of Quebec
was included. The Members' Manual of the National Assembly outlines that this additional oath is to the people and constitution of Quebec, distinct from the Oath of Allegiance, which is an oath to the country via the Queen, though some saw the monarch, in that context, as representative of the Quebec State and not of Canada, taking into account Canada's "divisible" Crown
. Also, Ontario
Member of Provincial Parliament (MPP) Dominic Agostino
proposed in 1996 that the Legislative Assembly of Ontario
follow that of Quebec and add another requisite oath of allegiance to Canada, to be taken by MPPs following the oath to the sovereign. However, the Standing Committee on the Legislative Assembly found that the monarch referred to in the Oath of Allegiance was already the personification of the Canadian state, and thus it was redundant to offer allegiance to both the Queen and to Canada.
Amendments have also been proposed in the federal scope, though the same difficulty in altering the constitution thwarted any changes, leading members of parliament (MPs) in Ottawa
to table various bills that sought to alter the Parliament of Canada Act instead. While none were ever successful, certain MPs have recited further pledges in the presence of their constituents or added their own pledge after reciting the Oath of Allegiance. In 2005, Senator Raymond Lavigne
uttered the words "and to my country, Canada," at the end of the Oath of Allegiance, which raised questions from other senators and Lavigne was instructed to take the oath again, without the amendment. Following this, the Senator proposed that the Senate rules be changed to add an oath to Canada after the oath to the sovereign, in the form of: "I, [name], do swear (or solemnly affirm) that I will be faithful and bear true allegiance to Canada." The motion never passed.
All members of the federal Civil Service
were previously required to take the Oath of Allegiance before being officially hired, a stipulation that led Pierre Vincent
, a civil servant of Acadian
descent who refused to swear the oath, to undertake a three year legal challenge against the Public Service Commission. The latter found that Vincent could keep his job with the Civil Service and, though the Supreme Court ruled that civil servants continued to be employees of the monarch, Royal Assent was granted to the Public Service Modernization Act in 2003, which removed the necessity of the bureaucratic civil servants to take the oath to their employer.
The inclusion of the Oath of Allegiance in the Oath of Citizenship
has also met with opposition, though this was never a constitutional matter, instead falling within the scope of the Citizenship Act
.
Fealty
An oath of fealty, from the Latin fidelitas , is a pledge of allegiance of one person to another. Typically the oath is made upon a religious object such as a Bible or saint's relic, often contained within an altar, thus binding the oath-taker before God.In medieval Europe, fealty was sworn between...
to the Canadian monarch, taken, along with other specific oaths of office
Oath of office
An oath of office is an oath or affirmation a person takes before undertaking the duties of an office, usually a position in government or within a religious body, although such oaths are sometimes required of officers of other organizations...
, by new occupants of various government positions, including federal and provincial viceroy
Viceroy
A viceroy is a royal official who runs a country, colony, or province in the name of and as representative of the monarch. The term derives from the Latin prefix vice-, meaning "in the place of" and the French word roi, meaning king. A viceroy's province or larger territory is called a viceroyalty...
s, appointees to the Queen's Privy Council
Queen's Privy Council for Canada
The Queen's Privy Council for Canada ), sometimes called Her Majesty's Privy Council for Canada or simply the Privy Council, is the full group of personal consultants to the monarch of Canada on state and constitutional affairs, though responsible government requires the sovereign or her viceroy,...
, Supreme Court
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
justices, members of the federal and provincial parliaments, as well as of the Canadian Forces
Canadian Forces
The Canadian Forces , officially the Canadian Armed Forces , are the unified armed forces of Canada, as constituted by the National Defence Act, which states: "The Canadian Forces are the armed forces of Her Majesty raised by Canada and consist of one Service called the Canadian Armed Forces."...
and Royal Canadian Mounted Police
Royal Canadian Mounted Police
The Royal Canadian Mounted Police , literally ‘Royal Gendarmerie of Canada’; colloquially known as The Mounties, and internally as ‘The Force’) is the national police force of Canada, and one of the most recognized of its kind in the world. It is unique in the world as a national, federal,...
, and in some provinces, all lawyers upon admission to bar. The Oath of Allegiance also makes up the first portion of the Oath of Citizenship
Oath of citizenship (Canada)
The Oath of Citizenship, or Citizenship Oath , is a statement recited and signed by candidates who wish to become citizens of Canada...
, and may form a part of oaths taken by new members of law societies, the judiciary, and federal, provincial, and municipal police forces.
The vow's roots lie in the oath taken in the United Kingdom, the modern form of which was implemented in 1689 by King William II and III
William III of England
William III & II was a sovereign Prince of Orange of the House of Orange-Nassau by birth. From 1672 he governed as Stadtholder William III of Orange over Holland, Zeeland, Utrecht, Guelders, and Overijssel of the Dutch Republic. From 1689 he reigned as William III over England and Ireland...
and Queen Mary II
Mary II of England
Mary II was joint Sovereign of England, Scotland, and Ireland with her husband and first cousin, William III and II, from 1689 until her death. William and Mary, both Protestants, became king and queen regnant, respectively, following the Glorious Revolution, which resulted in the deposition of...
, and was used in Canada prior to confederation
Canadian Confederation
Canadian Confederation was the process by which the federal Dominion of Canada was formed on July 1, 1867. On that day, three British colonies were formed into four Canadian provinces...
. The Canadian oath was established at that time in the British North America Act, 1867
Constitution Act, 1867
The Constitution Act, 1867 , is a major part of Canada's Constitution. The Act created a federal dominion and defines much of the operation of the Government of Canada, including its federal structure, the House of Commons, the Senate, the justice system, and the taxation system...
(now Constitution Act, 1867), meaning that alteration or elimination of the oath for parliamentarians requires a constitutional amendment. The Oath of Allegiance has also been slightly altered and made or removed as a requirement for admission to other offices or positions through Act of Parliament
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
or letters patent
Letters patent
Letters patent are a type of legal instrument in the form of a published written order issued by a monarch or president, generally granting an office, right, monopoly, title, or status to a person or corporation...
, to which proposals have been put forward for further abolishment or modification.
Composition
The present form of the Oath of Allegiance, which derives from that which was, and still is, taken by parliamentarians in the United KingdomUnited Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, is:
A person may choose to replace the word swear with affirm, and to omit the phrase so help me God. The oath taker is also given the option of either swearing on a Bible
Bible
The Bible refers to any one of the collections of the primary religious texts of Judaism and Christianity. There is no common version of the Bible, as the individual books , their contents and their order vary among denominations...
or not.
The oath for senators and members of parliament has stood the same since confederation
Canadian Confederation
Canadian Confederation was the process by which the federal Dominion of Canada was formed on July 1, 1867. On that day, three British colonies were formed into four Canadian provinces...
; according to Section IX.128 of the Constitution Act, 1867
Constitution Act, 1867
The Constitution Act, 1867 , is a major part of Canada's Constitution. The Act created a federal dominion and defines much of the operation of the Government of Canada, including its federal structure, the House of Commons, the Senate, the justice system, and the taxation system...
: "Every member of the Senate and the House of Commons of Canada shall before taking his Seat therein take and subscribe before the Governor General or some Person authorized by him, and every Member of a Legislative Council or Legislative Assembly of any Province shall before the Lieutenant Governor of the Province or some Person authorized by him, the Oath of Allegiance contained in the Fifth Schedule to the Act." The oath set out in said schedule is: I, [name], do swear, that I will be faithful and bear true Allegiance to Her Majesty Queen Victoria, with the further instruction that "the name of the King or Queen of the United Kingdom of Great Britain and Ireland for the Time being is to be substituted from Time to Time, with Proper Terms of Reference thereto." The oath thus presently reads as follows:
In French
French language
French is a Romance language spoken as a first language in France, the Romandy region in Switzerland, Wallonia and Brussels in Belgium, Monaco, the regions of Quebec and Acadia in Canada, and by various communities elsewhere. Second-language speakers of French are distributed throughout many parts...
, this is:
For those parliamentarians whose religion prohibits the swearing of oaths, there exists a compromise affirmation, first instituted in 1905:
Purpose
The Oath of Allegiance was implemented to secure the supremacy of the reigning monarch of Canada, the giving of faithfulness to whom is a manifestation of a key responsibility central to the Canadian system of government, and serves to "remind individuals taking it of the serious obligations and responsibilities that he or she is assuming." Allegiance is not, however, given to that royal figure as an individual so much as to the CrownThe Crown
The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...
and other institutions and concepts the sovereign represents within both the federal and provincial spheres, including the state
Sovereign state
A sovereign state, or simply, state, is a state with a defined territory on which it exercises internal and external sovereignty, a permanent population, a government, and the capacity to enter into relations with other sovereign states. It is also normally understood to be a state which is neither...
, its constitution and traditions, unity, authority, and democracy, as well as, in the military context, the highest authority in the Canadian Forces
Canadian Forces
The Canadian Forces , officially the Canadian Armed Forces , are the unified armed forces of Canada, as constituted by the National Defence Act, which states: "The Canadian Forces are the armed forces of Her Majesty raised by Canada and consist of one Service called the Canadian Armed Forces."...
. The oath also acts as the legal basis of ministerial responsibility
Responsible government
Responsible government is a conception of a system of government that embodies the principle of parliamentary accountability which is the foundation of the Westminster system of parliamentary democracy...
for those being sworn into the Privy Council to sit in the Cabinet.
Former Premier of Ontario
Premier of Ontario
The Premier of Ontario is the first Minister of the Crown for the Canadian province of Ontario. The Premier is appointed as the province's head of government by the Lieutenant Governor of Ontario, and presides over the Executive council, or Cabinet. The Executive Council Act The Premier of Ontario...
Mike Harris
Mike Harris
Michael Deane "Mike" Harris was the 22nd Premier of Ontario from June 26, 1995 to April 15, 2002. He is most noted for the "Common Sense Revolution", his Progressive Conservative government's program of deficit reduction in combination with lower taxes and cuts to government...
said in 1993: "The oath to the Queen is fundamental to the administration of the law in this country. It signifies that, here in Canada, justice is done not in the name of the Prime Minister, or the Mayor, or the Police Chief, as in totalitarian nations but by the people, in the name of the Queen," while James Robertson stated that the oath was the way elected members of parliament who are assuming positions of public trust promise to carry out their duties "patriotically, and in the best interests of the country." The Federal Court
Federal Court (Canada)
The Federal Court is a Canadian trial court that hears cases arising under certain areas of federal law. The Federal Court is a superior court with nationwide jurisdiction...
also expressed that giving allegiance to the sovereign was "a solemn intention to adhere to the symbolic keystone of the Canadian Constitution, thus pledging an acceptance of the whole of our Constitution and national life," though also reflecting: "It may be argued that it strikes at the very heart of democracy to curtail collective opposition and incentive for change by demanding loyalty to a particular political theory."
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 from his or her subjects. The modern oath remains both fiduciary and reciprocal
Reciprocal
-In mathematics:*Multiplicative inverse, in mathematics, the number 1/x, which multiplied by x gives the product 1, also known as a reciprocal*Reciprocal rule, a technique in calculus for calculating derivatives of reciprocal functions...
; mirroring citizens' oaths to the monarch, the sovereign takes the Coronation Oath, wherein he or she promises "to govern the Peoples of... Canada... according to their respective laws and customs." It has been said of this mutual verbal contract: "except through the person of the Queen, Canada cannot take an oath to Canadians in return. It doesn't exist in the sense that it can take an oath. It is fundamental to our tradition of law and freedom that the commitments made by the people are reciprocated by the state. Reciprocal oaths are essential to our Canadian concept of government." For members of the Canadian Forces, the oath to the monarch is "the soldier's code of moral obligation."
Administration of the oath
The letters patent
Letters patent
Letters patent are a type of legal instrument in the form of a published written order issued by a monarch or president, generally granting an office, right, monopoly, title, or status to a person or corporation...
issued in 1947 by King George VI
George VI of the United Kingdom
George VI was King of the United Kingdom and the Dominions of the British Commonwealth from 11 December 1936 until his death...
outline that the Oath of Allegiance must be taken by a newly appointed governor general and stipulate that the oath must be administered by the chief justice or other judge of the Supreme Court of Canada
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
in the presence of members of the Queen's Privy Council
Queen's Privy Council for Canada
The Queen's Privy Council for Canada ), sometimes called Her Majesty's Privy Council for Canada or simply the Privy Council, is the full group of personal consultants to the monarch of Canada on state and constitutional affairs, though responsible government requires the sovereign or her viceroy,...
. In the 19th century, the oath was recited by recently commissioned federal viceroys at whatever port they arrived at in Canada. However, the contemporary practice is to swear-in governors general as part of a ceremony in the Senate chamber on Parliament Hill
Parliament Hill
Parliament Hill , colloquially known as The Hill, is an area of Crown land on the southern banks of the Ottawa River in downtown Ottawa, Ontario. Its Gothic revival suite of buildingsthe parliament buildings serves as the home of the Parliament of Canada and contains a number of architectural...
. New members of the Queen's Privy Council recite a specific oath that contains a variant on the Oath of Allegiance, as administered by the Clerk of the Privy Council
Clerk of the Privy Council (Canada)
The Clerk of the Privy Council is the senior civil servant in the Canadian government. The Title and Office is in fact "Clerk of the Privy Council and the Secretary to the Cabinet"...
, usually in the presence of the governor general at Government House
Rideau Hall
Rideau Hall is, since 1867, the official residence in Ottawa of both the Canadian monarch and the Governor General of Canada. It stands in Canada's capital on a 0.36 km2 estate at 1 Sussex Drive, with the main building consisting of 170 rooms across 9,500 m2 , and 24 outbuildings around the...
in Ottawa
Ottawa
Ottawa is the capital of Canada, the second largest city in the Province of Ontario, and the fourth largest city in the country. The city is located on the south bank of the Ottawa River in the eastern portion of Southern Ontario...
. Twice, however, the oath has been delivered in front of the reigning monarch: In the year of Canada's centennial
Canadian Centennial
The Canadian Centennial was a year long celebration held in 1967 when Canada celebrated the 100th anniversary of the Canadian Confederation. Celebrations occurred throughout the year but culminated on Dominion Day, July 1. 1967 coins were different from previous years' issues, with animals on each...
, the provincial premiers
Premier (Canada)
In Canada, a premier is the head of government of a province or territory. There are currently ten provincial premiers and three territorial premiers in Canada....
then in office were sworn in as members of the Privy Council before Elizabeth II in a ceremony on Parliament Hill; and, during her tour of Canada to mark the 125th anniversary of Confederation, new appointees to the Privy Council recited the oath before the Queen at her Ottawa residence
Rideau Hall
Rideau Hall is, since 1867, the official residence in Ottawa of both the Canadian monarch and the Governor General of Canada. It stands in Canada's capital on a 0.36 km2 estate at 1 Sussex Drive, with the main building consisting of 170 rooms across 9,500 m2 , and 24 outbuildings around the...
. The chief justice of the Supreme Court similarly recites the Oath of Allegiance in front of the governor general.
Parliamentarians
The Clerk of the House, or an authorized designate, administers the Oath of Allegiance to both new and returning members of parliament. Failure to take the oath constitutes an absolute bar on sitting or voting in parliament, along with a denial of the associated salary; this does not mean the person ceases to be a member of the house, simply that they cannot sit or participate in it. In 1875, George Turner Orton, member for Wellington Centre
Wellington Centre
Wellington Centre was a federal electoral district represented in the Canadian House of Commons from 1867 to 1904. It was located in the province of Ontario....
, inadvertently failed to swear the oath. Though Orton did eventually take his Oath of Allegiance, the matter was referred to the Select Standing Committee on Privileges and Elections, which found that the votes Orton cast in the house prior to his swearing the oath were rendered invalid. The only way to change this stipulation would be to amend the constitution
Constitution of Canada
The Constitution of Canada is the supreme law in Canada; the country's constitution is an amalgamation of codified acts and uncodified traditions and conventions. It outlines Canada's system of government, as well as the civil rights of all Canadian citizens and those in Canada...
, though it is not entirely clear whether or not this could be done under the general amending formula (through resolutions of parliament and of the legislatures of at least two-thirds of the provinces having at least 50% of the population), or if it would necessitate the undivided agreement of all the parliamentary houses across Canada, as is required for any constitutional alteration that affects the Crown.
A breach of the oath can also be seen as an act punishable by the denial of the offender's ability to sit in the House of Commons. Actions such as making treason
Treason
In law, treason is the crime that covers some of the more extreme acts against one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife. Treason against the king was known as high treason and treason against a...
ous comments in a time of war could be considered a break of the oath, as the oath to the monarch is considered an oath to the country, but expressing anti-confederation
Canadian Confederation
Canadian Confederation was the process by which the federal Dominion of Canada was formed on July 1, 1867. On that day, three British colonies were formed into four Canadian provinces...
sentiments is not, so long as the proponent continues to work for their cause within the laws and customs of Canada. Also, the Queen could remain head of any new state formed after secession from Canada.
As early as 1867, this notion was tested; Joseph Howe
Joseph Howe
Joseph Howe, PC was a Nova Scotian journalist, politician, and public servant. He is one of Nova Scotia's greatest and best-loved politicians...
was an opponent to confederation, but was elected to the House of Commons and took the Oath of Allegiance, after which he continued to work towards dissolving the union. Later, in 1976, members of the sovereigntist
Quebec sovereignty movement
The Quebec sovereignty movement refers to both the political movement and the ideology of values, concepts and ideas that promote the secession of the province of Quebec from the rest of Canada...
Parti Québécois
Parti Québécois
The Parti Québécois is a centre-left political party that advocates national sovereignty for the province of Quebec and secession from Canada. The Party traditionally has support from the labour movement. Unlike many other social-democratic parties, its ties with the labour movement are informal...
(PQ) were elected to the National Assembly of Quebec
National Assembly of Quebec
The National Assembly of Quebec is the legislative body of the Province of Quebec. The Lieutenant Governor and the National Assembly compose the Parliament of Quebec, which operates in a fashion similar to those of other British-style parliamentary systems.The National Assembly was formerly the...
; according to press reports, some of those persons swore the oath with their fingers crossed
Crossed fingers
To cross one's fingers, is an apotropaic hand gesture, used to superstitiously wish for good luck or to nullify a promise.The gesture is referred to by the common expression "fingers crossed", meaning "let's hope for a good outcome"....
and others later added flippant commentary to their oath, such as "et aussi au Roi de France" ("and also to the King of France") and "Vive la République" ("live the republic!"), or whispered the words "Sa Majesté la Reine Élisabeth II". In 2003, Premier of Quebec
Premier of Quebec
The Premier of Quebec is the first minister of the Canadian province of Quebec. The Premier is the province's head of government and his title is Premier and President of the Executive Council....
Bernard Landry
Bernard Landry
Bernard Landry, is a Quebec lawyer, teacher, politician, who served as the 28th Premier of Quebec , leader of the Opposition and leader of the Parti Québécois .-Personal:...
, leader of the PQ, added to the oath "for the duration of the present constitutional order, which will hopefully change one day in a democratic fashion." None of the actions had any effect on the enforcement of the oath itself, however.
Canadian Forces members
Allegiance and loyalty to the monarch, and the manner in which they are expressed, are specifically outlined in the Canadian Forces
Canadian Forces
The Canadian Forces , officially the Canadian Armed Forces , are the unified armed forces of Canada, as constituted by the National Defence Act, which states: "The Canadian Forces are the armed forces of Her Majesty raised by Canada and consist of one Service called the Canadian Armed Forces."...
regulations and subordinate orders. Within the Queen's Regulations and Orders, it is stipulated that all Canadian citizens or British subject
British subject
In British nationality law, the term British subject has at different times had different meanings. The current definition of the term British subject is contained in the British Nationality Act 1981.- Prior to 1949 :...
s who enroll in the forces must take the Oath of Allegiance before either a commissioned officer or a justice of the peace
Justice of the Peace
A justice of the peace is a puisne judicial officer elected or appointed by means of a commission to keep the peace. Depending on the jurisdiction, they might dispense summary justice or merely deal with local administrative applications in common law jurisdictions...
. Others must recite a longer oath: "I, [name], do swear (or solemnly affirm) that I will well and truly serve Her Majesty, Queen Elizabeth the Second, Queen of Canada, Her heirs and successors according to law, in the Canadian Forces until lawfully released, that I will resist Her Majesty's enemies and cause Her Majesty's peace to be kept and maintained and that I will, in all matters pertaining to my service, faithfully discharge my duty. So help me God"; the words So help me God are omitted if a solemn affirmation is taken.
Those required to take the oath
The following persons must take the Oath of Allegiance before occupying a governmental, military, police, or judicial post. Generally, these individuals are appointed by the monarch or relevant viceroyViceroy
A viceroy is a royal official who runs a country, colony, or province in the name of and as representative of the monarch. The term derives from the Latin prefix vice-, meaning "in the place of" and the French word roi, meaning king. A viceroy's province or larger territory is called a viceroyalty...
, meaning they serve at Her Majesty's pleasure
At Her Majesty's pleasure
At Her Majesty's pleasure is a legal term of art derived from all legitimate authority for government stemming from the Crown. Originating from the United Kingdom, it is now used throughout the Commonwealth realms...
, and are charged with creating or administering the law.
Federal
- Governors general of CanadaGovernor General of CanadaThe Governor General of Canada is the federal viceregal representative of the Canadian monarch, Queen Elizabeth II...
- Members of the Queen's Privy Council for Canada
- Senators
- Members of parliament
- Justices of the Supreme Court of Canada
- Justices of the Federal CourtFederal Court (Canada)The Federal Court is a Canadian trial court that hears cases arising under certain areas of federal law. The Federal Court is a superior court with nationwide jurisdiction...
- Justices of the Federal Court of Appeal
- Recruits of the Canadian ForcesCanadian ForcesThe Canadian Forces , officially the Canadian Armed Forces , are the unified armed forces of Canada, as constituted by the National Defence Act, which states: "The Canadian Forces are the armed forces of Her Majesty raised by Canada and consist of one Service called the Canadian Armed Forces."...
- New citizens of CanadaCanadian nationality lawCanadian citizenship is typically obtained by birth in Canada, birth abroad when at least one parent is a Canadian citizen and was born or naturalized in Canada, or by adoption abroad by at least one Canadian citizen. It can also be granted to a permanent resident who lives in Canada for three out...
Provincial
- Lieutenant governors
- Members of the legislative assemblies, members of the Ontario Provincial Parliament, members of the Quebec National AssemblyMember of the National Assembly (Quebec)A Member of the National Assembly is a member of the National Assembly of Quebec in Canada.In other jurisdictions within Canada, the titles used are:* "Member of Provincial Parliament" in Ontario,...
, and members of the Newfoundland and Labrador House of AssemblyMember of the House of AssemblyA Member of the House of Assembly is a member of the Newfoundland and Labrador House of Assembly in Canada.Other Provinces and TerritoriesMembers of other Canadian provincial and territorial assemblies employ the titles:... - Justices of the superior courts
- Justices of the appellate courts
- Justices of the provincial courts
- Recruits of the Ontario Provincial PoliceOntario Provincial PoliceThe Ontario Provincial Police is the Provincial Police service for the province of Ontario, Canada.-Overview:The OPP is the the largest deployed police force in Ontario, and the second largest in Canada. The service is responsible for providing policing services throughout the province in areas...
(optional) - Staff of the Ontario civil serviceCivil serviceThe term civil service has two distinct meanings:* A branch of governmental service in which individuals are employed on the basis of professional merit as proven by competitive examinations....
- All other Crown appointees in Ontario
- Civil servants in ManitobaManitobaManitoba is a Canadian prairie province with an area of . The province has over 110,000 lakes and has a largely continental climate because of its flat topography. Agriculture, mostly concentrated in the fertile southern and western parts of the province, is vital to the province's economy; other...
Voluntary organizations
- Members of the Canadian Bar AssociationCanadian Bar AssociationThe Canadian Bar Association represents over 37,000 lawyers, judges, notaries, law teachers, and law students from across Canada.-History:The Association's first Annual Meeting was held in Montreal in 1896. However, the CBA has been in continuous existence in its present form since 1914...
- In Alberta and PEI, all lawyers are required to make an oath of allegiance.
- In Ontario and Nova Scotia, oaths of allegiance are optional for lawyers.
Opposition and augmentation
- See also: Oath of Allegiance (New Zealand) > Alteration and augmentation of oaths
Early opposition to the Oath of Allegiance was expressed by the inhabitants of Quebec
Quebec
Quebec or is a province in east-central Canada. It is the only Canadian province with a predominantly French-speaking population and the only one whose sole official language is French at the provincial level....
shortly following the transfer of that territory from King Louis XV
Louis XV of France
Louis XV was a Bourbon monarch who ruled as King of France and of Navarre from 1 September 1715 until his death. He succeeded his great-grandfather at the age of five, his first cousin Philippe II, Duke of Orléans, served as Regent of the kingdom until Louis's majority in 1723...
to King George III
George III of the United Kingdom
George III was King of Great Britain and King of Ireland from 25 October 1760 until the union of these two countries on 1 January 1801, after which he was King of the United Kingdom of Great Britain and Ireland until his death...
via the 1763 Treaty of Paris
Treaty of Paris (1763)
The Treaty of Paris, often called the Peace of Paris, or the Treaty of 1763, was signed on 10 February 1763, by the kingdoms of Great Britain, France and Spain, with Portugal in agreement. It ended the French and Indian War/Seven Years' War...
. The Quebec Act
Quebec Act
The Quebec Act of 1774 was an Act of the Parliament of Great Britain setting procedures of governance in the Province of Quebec...
, issued in 1774, subsequently established a special Oath of Allegiance for the Roman Catholics of Quebec that, unlike the one sworn by others, which had remained the same since the reign of Queen Elizabeth I
Elizabeth I of England
Elizabeth I was queen regnant of England and Ireland from 17 November 1558 until her death. Sometimes called The Virgin Queen, Gloriana, or Good Queen Bess, Elizabeth was the fifth and last monarch of the Tudor dynasty...
, bore no references to the Protestant faith
Protestantism
Protestantism is one of the three major groupings within Christianity. It is a movement that began in Germany in the early 16th century as a reaction against medieval Roman Catholic doctrines and practices, especially in regards to salvation, justification, and ecclesiology.The doctrines of the...
. It read:
- I [name] do sincerely promise and swear, That I will be faithful, and bear true Allegiance to his Majesty King George, and him will defend to the utmost of my Power, against all traitorous Conspiracies, and Attempts whatsoever, which shall be made against his Person. Crown. and Dignity; and I will do my utmost Endeavor to disclose and make known to his Majesty, his Heirs and Successors, all Treasons, and traitorous Conspiracies, and Attempts, which I shall know to be against him, or any of them; and all this I do swear without any Equivocation, mental Evasion, or secret Reservation, and renouncing all Pardons and Dispensations from any Power or Person whomsoever to the contrary. So help me God.
In 1970, the recently elected members of the sovereigntist
Quebec sovereignty movement
The Quebec sovereignty movement refers to both the political movement and the ideology of values, concepts and ideas that promote the secession of the province of Quebec from the rest of Canada...
Parti Québécois
Parti Québécois
The Parti Québécois is a centre-left political party that advocates national sovereignty for the province of Quebec and secession from Canada. The Party traditionally has support from the labour movement. Unlike many other social-democratic parties, its ties with the labour movement are informal...
refused to recite the Oath of Allegiance before taking their seats in the National Assembly of Quebec
National Assembly of Quebec
The National Assembly of Quebec is the legislative body of the Province of Quebec. The Lieutenant Governor and the National Assembly compose the Parliament of Quebec, which operates in a fashion similar to those of other British-style parliamentary systems.The National Assembly was formerly the...
. At the time, all the other parties in the assembly agreed that the oath was outdated and needed to be amended. The Act Respecting the National Assembly of Quebec was granted Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
in 1982, in which a supplementary oath pledging loyalty to the people of Quebec
Quebec
Quebec or is a province in east-central Canada. It is the only Canadian province with a predominantly French-speaking population and the only one whose sole official language is French at the provincial level....
was included. The Members' Manual of the National Assembly outlines that this additional oath is to the people and constitution of Quebec, distinct from the Oath of Allegiance, which is an oath to the country via the Queen, though some saw the monarch, in that context, as representative of the Quebec State and not of Canada, taking into account Canada's "divisible" Crown
Monarchy in the Canadian provinces
The monarchy of Canada forms the core of each Canadian provincial jurisdiction's Westminster-style parliamentary democracy, being the foundation of the executive, legislative, and judicial branches of government in each province...
. Also, Ontario
Ontario
Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....
Member of Provincial Parliament (MPP) Dominic Agostino
Dominic Agostino
Dominic Agostino was a Canadian politician who represented the riding of Hamilton East for the Liberal Party in the Legislative Assembly of Ontario from 1995 until his death in 2004.-Biography:...
proposed in 1996 that the Legislative Assembly of Ontario
Legislative Assembly of Ontario
The Legislative Assembly of Ontario , is the legislature of the Canadian province of Ontario, and is the second largest provincial legislature of Canada...
follow that of Quebec and add another requisite oath of allegiance to Canada, to be taken by MPPs following the oath to the sovereign. However, the Standing Committee on the Legislative Assembly found that the monarch referred to in the Oath of Allegiance was already the personification of the Canadian state, and thus it was redundant to offer allegiance to both the Queen and to Canada.
Amendments have also been proposed in the federal scope, though the same difficulty in altering the constitution thwarted any changes, leading members of parliament (MPs) in Ottawa
Ottawa
Ottawa is the capital of Canada, the second largest city in the Province of Ontario, and the fourth largest city in the country. The city is located on the south bank of the Ottawa River in the eastern portion of Southern Ontario...
to table various bills that sought to alter the Parliament of Canada Act instead. While none were ever successful, certain MPs have recited further pledges in the presence of their constituents or added their own pledge after reciting the Oath of Allegiance. In 2005, Senator Raymond Lavigne
Raymond Lavigne
Raymond Lavigne was a Canadian senator and businessman, and a former Member of Parliament .Lavigne first ran as a Liberal candidate for the Canadian House of Commons in the Quebec riding of Verdun—Saint-Paul at the 1988 election but was unsuccessful. He successfully contested the riding in the...
uttered the words "and to my country, Canada," at the end of the Oath of Allegiance, which raised questions from other senators and Lavigne was instructed to take the oath again, without the amendment. Following this, the Senator proposed that the Senate rules be changed to add an oath to Canada after the oath to the sovereign, in the form of: "I, [name], do swear (or solemnly affirm) that I will be faithful and bear true allegiance to Canada." The motion never passed.
All members of the federal Civil Service
Canadian civil service
The Public Service of Canada is the staff, or bureaucracy, of the federal government of Canada. Its function is to support the Canadian monarch, and to handle the hiring of employees for the federal government ministries...
were previously required to take the Oath of Allegiance before being officially hired, a stipulation that led Pierre Vincent
Pierre L. J. Vincent
Pierre Vincent, B.Sc., LL.B, is a co-founder and current Associate Director of Toronto, Ontario based Citizens for a Canadian Republic.Born in 1964 in Red Deer, and raised in Edmonton, Alberta, Pierre Vincent studied law at Université de Moncton and geology at University of Alberta.He became a...
, a civil servant of Acadian
Acadian
The Acadians are the descendants of the 17th-century French colonists who settled in Acadia . Acadia was a colony of New France...
descent who refused to swear the oath, to undertake a three year legal challenge against the Public Service Commission. The latter found that Vincent could keep his job with the Civil Service and, though the Supreme Court ruled that civil servants continued to be employees of the monarch, Royal Assent was granted to the Public Service Modernization Act in 2003, which removed the necessity of the bureaucratic civil servants to take the oath to their employer.
The inclusion of the Oath of Allegiance in the Oath of Citizenship
Oath of citizenship (Canada)
The Oath of Citizenship, or Citizenship Oath , is a statement recited and signed by candidates who wish to become citizens of Canada...
has also met with opposition, though this was never a constitutional matter, instead falling within the scope of the Citizenship Act
Canadian nationality law
Canadian citizenship is typically obtained by birth in Canada, birth abroad when at least one parent is a Canadian citizen and was born or naturalized in Canada, or by adoption abroad by at least one Canadian citizen. It can also be granted to a permanent resident who lives in Canada for three out...
.