Oath of Allegiance (Canada) - Administration of The Oath

Administration of The Oath

Crown appointees

The letters patent issued in 1947 by King George VI outline that the Oath of Allegiance must be taken by a newly appointed governor general and stipulate that the oath must be administered by the chief justice or other judge of the Supreme Court of Canada in the presence of members of the Queen's Privy Council. In the 19th century, the oath was recited by recently commissioned federal viceroys at whatever port they arrived at in Canada. However, the contemporary practice is to swear-in governors general as part of a ceremony in the Senate chamber on Parliament Hill. New members of the Queen's Privy Council recite a specific oath that contains a variant on the Oath of Allegiance, as administered by the Clerk of the Privy Council, usually in the presence of the governor general at Government House in Ottawa. Twice, however, the oath has been delivered in front of the reigning monarch: In the year of Canada's centennial, the provincial premiers then in office were sworn in as members of the Privy Council before Elizabeth II in a ceremony on Parliament Hill; and, during her tour of Canada to mark the 125th anniversary of Confederation, new appointees to the Privy Council recited the oath before the Queen at her Ottawa residence. The chief justice of the Supreme Court similarly recites the Oath of Allegiance in front of the governor general.

Parliamentarians

The Clerk of the House, or an authorized designate, administers the Oath of Allegiance to both new and returning members of parliament. Failure to take the oath constitutes an absolute bar on sitting or voting in parliament, along with a denial of the associated salary; this does not mean the person ceases to be a member of the house, simply that they cannot sit or participate in it. In 1875, George Turner Orton, member for Wellington Centre, inadvertently failed to swear the oath. Though Orton did eventually take his Oath of Allegiance, the matter was referred to the Select Standing Committee on Privileges and Elections, which found that the votes Orton cast in the house prior to his swearing the oath were rendered invalid. The only way to change this stipulation would be to amend the constitution, though it is not entirely clear whether or not this could be done under the general amending formula (through resolutions of parliament and of the legislatures of at least two-thirds of the provinces having at least 50% of the population), or if it would necessitate the undivided agreement of all the parliamentary houses across Canada, as is required for any constitutional alteration that affects the Crown.

A breach of the oath can also be seen as an act punishable by the denial of the offender's ability to sit in the House of Commons. Actions such as making treasonous comments in a time of war could be considered a break of the oath, as the oath to the monarch is considered an oath to the country, but expressing anti-confederation sentiments is not, so long as the proponent continues to work for their cause within the laws and customs of Canada. Also, the Queen could remain head of any new state formed after secession from Canada.

As early as 1867, this notion was tested; Joseph Howe was an opponent to confederation, but was elected to the House of Commons and took the Oath of Allegiance, after which he continued to work towards dissolving the union. Later, in 1976, members of the sovereigntist Parti Québécois (PQ) were elected to the National Assembly of Quebec; according to press reports, some of those persons swore the oath with their fingers crossed and others later added flippant commentary to their oath, such as "et aussi au Roi de France" ("and also to the King of France") and "Vive la République" ("live the republic!"), or whispered the words "Sa Majesté la Reine Élisabeth II". In 2003, Premier of Quebec Bernard Landry, leader of the PQ, added to the oath "for the duration of the present constitutional order, which will hopefully change one day in a democratic fashion." None of the actions had any effect on the enforcement of the oath itself, however.

Canadian Forces members

Allegiance and loyalty to the monarch, and the manner in which they are expressed, are specifically outlined in the Canadian Forces regulations and subordinate orders. Within the Queen's Regulations and Orders, it is stipulated that all Canadian citizens or British subjects who enroll in the forces must take the Oath of Allegiance before either a commissioned officer or a justice of the peace. Others must recite a longer oath: "I, do swear (or solemnly affirm) that I will well and truly serve Her Majesty, Queen Elizabeth the Second, Queen of Canada, Her heirs and successors according to law, in the Canadian Forces until lawfully released, that I will resist Her Majesty's enemies and cause Her Majesty's peace to be kept and maintained and that I will, in all matters pertaining to my service, faithfully discharge my duty. So help me God"; the words So help me God are omitted if a solemn affirmation is taken.