Home
World
Canada
- BC
- Calgary
- Edmonton
- Saskatchewan
- Manitoba
- Thunder Bay
- Sudbury
- Windsor
- Toronto
- Ottawa
- Montreal
- NB
- PEI
- NS
- NL
- North
Politics
Health
Arts & Entertainment
- Music
- Film
- Television
- Books
- Media
- Art & Design
- Theatre
Technology & Science
Money
Consumer Life
Diversions
Weather
Your Voice

Lawyer allowed to challenge citizenship oath

Last Updated: Friday, May 18, 2007 | 10:26 AM ET

CBC News

A Toronto civil rights lawyer has won a key battle in his bid to take the Canadian oath of citizenship — without pledging allegiance to the Queen.

In a ruling handed down Thursday, a judge in Ontario's Superior Court of Justice said Charles Roach's case is "neither frivolous nor vexatious."

"There is plausible argument that this requirement [to swear the oath] violates the Charter of Rights and Freedoms," wrote Judge Edward Belobaba.

Lawyers for the federal government had asked Belobaba to dismiss the case, saying it was argued in federal court in the 1990s.

Federal court judges ruled the oath didn't violate the Charter of Rights and Freedoms and Roach was denied the chance to appeal the verdict before the Supreme Court.

Roach and an unspecified number of people then took the case to Ontario Superior Court as a class-action lawsuit. They want the oath repealed and $5,000 in damages for everyone who has refused to take the oath.

"I'm not suggesting that many of these arguments will necessarily succeed, when the application is heard on the merits, only there is a 'chance' that it may succeed," Belobaba wrote.

Under Canadian law, all new citizens over the age of 14 must repeat the following oath: "I swear (or affirm) that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, 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."

Roach moved to Canada from Trinidad and Tobago in 1955, but has never taken the citizenship oath. He remains a permanent resident, meaning he can't travel on a Canadian passport, run for office or vote.

A founding member of the Black Action Defence Committee, Roach has in the past represented the Black Panthers, asylum-seekers and people fighting extradition. He also helped launch Toronto's Caribana festival.

This story is now closed to commenting.

Ottawa Headlines

Trenton colonel's charges spur cold case review: The 2001 slaying of a Nova Scotia woman at CFB Trenton in eastern Ontario is among the cases being re-examined after murder charges were laid against Col. Russell Williams.
Neighbours stunned by arrest of Col. Williams: Ottawa resident Michael Gennis was stunned when he found out his new neighbour, Col. Russell Williams, had been charged with killing two women in eastern Ontario.
Snowmobile head-on crash kills Ottawa man: A 10-year-old boy helped save the life of his father following a snowmobile collision in western Quebec that killed another man.
Senators keep marching with win over Flames: The Ottawa Senators notched their 12th win in the last 13 games with a 3-2 come-from-behind win over the visiting Calgary Flames on Tuesday.
Premier to prorogue Ont. legislature briefly: Premier Dalton McGuinty will prorogue the Ontario legislature briefly, although the break isn't expected to start until after next week.

Canada Headlines

Health costs push Alberta budget deficit to $4.75B: Alberta's Progressive Conservative government is projecting a record $4.75-billion budget deficit and planning cuts in many departments while increasing health-care spending.
Trenton colonel's charges spur cold case review: The 2001 slaying of a Nova Scotia woman at CFB Trenton in eastern Ontario is among the cases being re-examined after murder charges were laid against Col. Russell Williams.
Neighbours stunned by arrest of Col. Williams: Ottawa resident Michael Gennis was stunned when he found out his new neighbour, Col. Russell Williams, had been charged with killing two women in eastern Ontario.
Olympic spirit will launch B.C. reforms: throne speech: The B.C. government says it will use the province's post-Olympics momentum to drive changes that include offering tax breaks to families with children, reforming education and lobbying Ottawa to amend "Byzantine bureaucratic practices."
Vancouver tap water vies with Olympic sponsor: Vancouver has started a campaign to encourage Olympic tourists to drink the region's tap water instead of buying bottled water, creating a potential conflict with one of the Games' biggest sponsors.

Top CBCNews.ca Headlines

Headlines

Trenton colonel's charges spur cold case review: The 2001 slaying of a Nova Scotia woman at CFB Trenton in eastern Ontario is among the cases being re-examined after murder charges were laid against Col. Russell Williams.
Health costs push Alberta budget deficit to $4.75B: Alberta's Progressive Conservative government is projecting a record $4.75-billion budget deficit and planning cuts in many departments while increasing health-care spending.
Ottawa to appeal injection site ruling: The federal government is asking the Supreme Court of Canada for leave to appeal a lower court ruling that sanctioned Vancouver's supervised drug injection site.
Haitian man pulled from rubble: A 28-year-old man has been pulled from rubble in Port-au-Prince, Haiti, claiming to have been trapped there since the massive earthquake on Jan. 12.
Tories need plan for isotope shortage: Ignatieff: Liberal Leader Michael Ignatieff accused the Conservative government of having no plan of action to deal with a medical isotope shortage expected to worsen later this month.