Huffington Post Canada

Oath to Queen is a political question, not a legal one

Three permanent residents in Canada recently challenged the requirement to swear an oath to the Queen in order to obtain citizenship, claiming that it violated their Charter rights to free expression and religion, and that it discriminated against people of other national origins. A very similar case has, in fact, already been heard in federal court in 1994 in Roach v. Canada, where all of these claims were struck down.

Challenging Canadian citizenship laws should be done through Parliament, rather than the courts. The dispute is a political one: the appellants are, in effect, disagreeing with Canada’s political structure as a constitutional monarchy. The Head of State is the Queen, and the law requiring the oath is a statute which has been passed by Parliament (and can thus also be repealed by Parliament). However, the appellants clearly have much broader concerns and would feel stymied by any interaction with the Crown. They must certainly feel wronged by living in a country in which the Monarch’s representative must assent to all laws passed by Parliament. It is spelled out in the Constitution that the Governor General declares:

[…] according to his Discretion […] either that he assents thereto in the Queen’s name, or that he withholds the Queen’s Assent, or that he reserves the Bill for the signification of the Queen’s Pleasure.

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Guelph Mercury

Does court ruling create leniency for non-residents?

Hoang Anh Pham, a non-citizen, was convicted of producing and possessing marijuana for trafficking for being a “party” to a marijuana grow-operation in Calgary in 2010.

The Provincial Court of Alberta issued a two-year sentence for the offence, a sentence that triggered an automatic deportation order.

Section 64 of the Immigration and Refugee Protection Act prevents any non-citizen from appealing a deportation order “if the foreign national or permanent resident has been found to be inadmissible on grounds of security, violating human or international rights, serious criminality or organized criminality.” Serious criminality is defined as a crime that receives a prison term of two years or more.

Pham, a Vietnamese citizen, requested that the punishment be reduced by a single day. While this seems symbolic, a single day provides the opportunity for permanent residents such as Pham to challenge deportation orders issued against them.

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