Posted on 07/13/2013 5:09:21 AM PDT by rickmichaels
TORONTO - God Save the Queen but not everyone in Canada agrees.
Simone Topey is among three plaintiffs all landed immigrants involved in a lawsuit to change the Citizenship Act where swearing an oath to the Queen is mandatory in order to gain Canadian citizenship.
Topey came to Canada 35 years ago, and though she feels patriotic towards the country, being Rastafarian she regards Queen Elizabeth as the head of Babylon.
I have slave descendants and slavery was headed by the British monarch, Topey, 46, said Friday outside #30 University Ave. court when asked her biggest problem with the oath.
Canada is a nation in which you have the right to be yourself, and to be coerced to (pledge allegiance to the Queen) is a violation of rights.
Lawyer Peter Rosenthal, who is representing all three plaintiffs, said this case is about whether new Canadians who feel it is repugnant to take an oath of allegiance to a monarch should be allowed to be Canadians anyway.
Its unconstitutional, Rosenthal said outside of court. It violates new Canadians rights to freedom of conscience and religion and violates their freedom of expression by forcing them to say an oath they dont believe in.
It also restricts them afterwards to have loyalty to a majesty and not join republican movements, for example.
Another plaintiff, Michael McAteer, 79, said he is a committed republican who came from a family who supported Irish independence from British domination. Hes against the oath because it doesnt keep with his views of democracy.
Its like being a second-class citizen, McAteer said. Its a matter of conscience. I take affirmations seriously and I just couldnt do it.
Plaintiff Dror Bar-Natan, 47, considers the oath repulsive because it states some people are born with privilege.
However, Kristina Dragaitis, the counsel for the Attorney General of Canada, argued if new Canadians are not willing to comply with regulations, they should not be able to access things such as a passport.
If youre not prepared to meet the statutory requirements, those are the costs, Dragaitis said in court.
Both sides completed their submissions Friday to Justice Ed Morgan, who reserved his decision. There was no word on when a decision will be reached.
Citizenship and Immigration Canada said they will not revamp their policies in the meantime.
It has been a requirement to swear allegiance to the Queen of Canada, the Head of State of our country, since 1947 when the Act was introduced and there are no plans to change this, spokesman Glenn Johnson said.
Are all “immigrants” a-holes or what? Maybe they should stay in their own flea-bitten loser countries instead of becoming community organizers like nobama.
The thing is, it doesn’t restrict a person from joining a Republican movement at all.
I’m not Canadian, but Australian, but we have similar oaths and I am familiar with the legalities of them.
The current Canadian Oath of Allegiance is:
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.
It’s slightly different from the previous Oath, but still has the same legal provisions:
“I swear that I will be faithful and bear true allegiance to His Majesty King George the Sixth, His Heirs and Successors, according to law, and that I will faithfully observe the laws of Canada and fulfil my duties as a Canadian citizen”
Note that both oaths refer to the Heirs and Successors of the Monarch, and the George VI oath includes the words “according to law”. These are implicit in the more recent Oath, but still apply.
The Oath takes that form because it means it still holds if the Monarch dies, it just passes to their Heirs and Successors. While Canada remains a Constitutional Monarchy, this will be the King or Queen of Canada, but if Canada - by proper Constitutional Process - chooses to cease being a Constitutional Monarchy, the Oath transfers to whatever entity succeeds the Canadian Monarch.
A person is also entirely free under the Oath to be a republican and advocate a change of the form of government, provided they only do so according to the laws of Canada. They can’t do it by unlawful and unconstitutional methods without violating their Oath - but they are fully free to do it by the normal democratic processes that apply.
“Heirs and Successors, According to Law.” If the change is made legally, it’s perfectly acceptable under the Oath.
Canada does have a Constitution. It is primarily contained in the Constitution Act of 1867 and the Constitution Act of 1982 but includes a number of other documents as well. It isn’t as neat as the United States Constitution, but it is a written Constitution.
It also contains some ‘unwritten’ provisions that come from British Common Law (as does the UK, and most of the other Commonwealth Realms). Though ‘unwritten’ in the sense that they are not set down in any particular formal document, these are generally clearly understood and have been documented in analysis of Common Law.
Thx - I wasn’t clear on that.
Go back to where you came from. Don’t let the door hit your backside!!!!
Citizenship and Immigration Canada said they will not revamp their policies in the meantime.
Good for them to bad California didn’t understand that look how they turned out.
First a state then the country.
Then go back to the slime bucket you migrated from.
Im a member of UELAC United Empire Loyalist Association of Canada
The Loyalist equivalent of the DAR, SAR...
There are also many other Americans who are members
As Americans we do not have to take/sign the oath to the Queen part of the application...
However although I can hold most offices in the society I cant be the president because that one post requires the oath to the Queen...
Im OK with that..
BTW before I was allowed to become an American citizen, I had to renounce all other associations and my loyalty to my prior counry, New Zealand...
That Irish thingy is phony...
Tennessee Nana UE
There. Much better with a little change.
I came from England to Canada and found for example that one cannot quaff a can of beer in an Ontario recreational park. They would certainly tell me where to get off, if I told them I could do this in merry old England and why not here? I just adjoin to the local watering hole, if I so need a drink.
There is an underlying lesson for us all here and I include our American friends. No longer do some immigrants from some awful environment, come and toe the line.They should be grateful to join in and yet hold a few reservations if they wish. They have been told by someone, (wonder who?) society must conform to THEIR practices.
A bit of a ramble for which I hope to be excused.
Canada Ping!
We do have a Constitution, but it is not confined to a single document. It consists of several Acts of Parliament, English Common Law and court rulings.
Sure, when America hangs up its pledge of allegiance thing to the flag.
Thanks for the clarification. Sometimes, trying to understand all the interpretations put forth by those who actively seek to destroy beneficial tradition just makes my head hurt something awful.
Canada should hang up the Queen thing.>>>>>>>>>>>>>>>>>>
Hardly, as a result of commonwealth membership I can travel
and stay in many nations without the necessity of a visa. I also happen to like the British Royal family, except for one or two of them. Its a good institution.
Yes, we do have a constitution. The Charter of Rights and Freedoms is part of it: http://en.wikipedia.org/wiki/Constitution_of_Canada
Trouble is one can live in Canada legally for a long time without becoming a citizen. One can apply to be a landed immigrant, and wait a set time (I believe it’s a year) before being eligible to apply for citizenship, but having been granted landed immigrant status carries no obligation to take the next step - becoming a full citizen - within a prescribed time limit, or ever, as far as I know.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.