Tuesday, 8 December 2009

Ontario court dismisses Oath of Allegiance lawsuit

The Ontario Superior Court of Justice has dismissed a class action lawsuit that claimed the Oath of Allegiance taken by new Canadians violated the Charter of Rights and Freedoms. The suit was initiated by Charles Roach, a Toronto lawyer who is also a member of, a small Toronto-based republican group. He was previously unsuccessful when he sued the federal government over the same issue in 1992.

Mr. Roach was born in Trinidad and Tobago and is a permanent resident in Canada, refusing to take the Oath of Allegiance to The Queen required for citizenship. This, despite having sworn allegiance to The Queen twice in the past.

Mr. Roach argued that the Oath violates the Charter's freedom of conscience provision and ridiculously compares the Crown to Nazis saying, "I feel that we [blacks] were colonized as a people by the British throne, and we were enslaved as a people by the British throne and, to me, taking an oath to the monarch of Great Britain, without any disrespect to the Queen herself as a person, is like asking a Holocaust survivor to take an oath to a descendant of Hitler."

The court's decision hopefully puts an end to this silly time and money wasting adventure. Case closed!

* * *

The Governor General is not a constitutional judge. Former BC Premier Bill Vander Zalm is apparently "stunned" that Her Excellency won't wade into the contentious harmonized sales tax debate. Mr. Vander Zalm had written to Mme Jean asking her to determine the legality of the proposed tax. She rightfully referred him back to the Government of British Columbia.

Of course, all Canadians are welcome to write the Governor General to express their views on a particular issue. And, the Governor General has every right to advise, to be consulted, and to warn, sharing her concerns with her government.

Until next time,
Robert / The D.C.

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