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inability to enjoy the benefits of citizenship to hold a Canadian passport and to vote are amongst the costs reasonably borne by individuals whose personal beliefs run counter to Canada foundational heritage. case initially arose in 1991, when Toronto based civil rights lawyer Charles Roach challenged the oath requirement in Federal Court and lost.
oath to observe the laws of Canada and fulfil their duties as Canadian citizens. of the applicants, Michael McAteer, 79, a retired journalist who immigrated almost 50 years ago, says his father was persecuted in Ireland for supporting Irish independence.
Over Ottawa objections, Roach successfully reprised the case in Superior Court in 2005. He died last fall and the case is now proceeding with McAteer and two others, Simone Topey, and Dror Bar Natan as applicants and Peter Rosenthal as their lawyer.
All maintain they oppose the oath on religious or conscientious grounds, saying pledging allegiance to Canada should be sufficient.
The government also insists the three are in Canada voluntarily, and their political and religious views enjoy constitutional protections.
Topey, who was born in Jamaica in 1966 and came to Canada in 1978, says swearing allegiance to the Queen whom Rastafarians regard as the of Babylon would violate her deeply held beliefs.
an oath of allegiance to a hereditary monarch who lives abroad would violate my conscience, be a betrayal of my republican heritage, and impede my activities in support of ending the monarchy in Canada, McAteer says in his affidavit.
That they cannot have the of a Canadian passport or the right to vote is a small Nike Air Max Tavas Design
naturalized Canadian, the government states in its factum.
The Citizenship Act requires applicants for citizenship to swear or affirm they will be and bear true allegiance to Queen Elizabeth the Second, Queen of Canada, her heirs and successors. oath requirement bars the applicants from enjoying citizenship rights such as voting or obtaining a Canadian passport given their constitutionally protected beliefs, their application to Ontario Superior Court states.
Bar Natan, 47, an Israeli math professor who came to Canada in 2002, maintains the Queen is a symbol of entrenched privilege and taking an oath to her would be not that I believe in total egalitarianism, Bar Natan said in an interview.
People born in Canada or abroad to Canadian parents are automatically citizens and don have to take any such oath.
is not constitutionally inconsistent that the applicants who find Canada foundational democratic political structure to be at least in parts, are not accorded the right to vote within that political system, the government says.
TORONTO Forcing would be Canadians to pledge allegiance to the Queen before they can become citizens is discriminatory and a violation of Nike Air Max 2015 Running Shoes Womens their constitutional rights, three permanent residents are set to argue in court on Friday.
be Canadian citizens set to fight oath to Queen as discriminatory
price to pay for adhering to their principles, the government argues.
For its part, the federal government argues that taking an oath to the Queen has been around since Confederation as a condition of membership in the Canadian polity. swearing of an oath to Canada head of state has been a constant regardless of other legislative changes that have been made over time in the process for becoming a Air Max Thea Dark Green
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