Appeal court upholds citizenship oath to Queen

Mike McAteer, left, Simone Topey and Dror Bar-Natan. (QMI Agency files)

Mike McAteer, left, Simone Topey and Dror Bar-Natan. (QMI Agency files)

Michele Mandel, QMI Agency

, Last Updated: 8:06 PM ET

TORONTO — It's not unconstitutional to make new citizens swear allegiance to the Queen, the Ontario Court of Appeal has ruled.

Ontario's top court has dismissed the appeal of three Toronto permanent residents who are opposed to taking a citizenship oath to a foreign, Anglican, privileged monarch chosen by virtue of birth.

Michael McAteer, Simone Topey and Dror Bar-Natan argued in April that their charter rights to freedom of expression, conscience and religion would be violated if they must declare that they "will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Queen of Canada, Her heirs and Successors."

The appeal court ruled Wednesday that they were being "too literal" in their interpretation of the Queen — they are not asked to swear allegiance to her personally, but to our constitutional monarchy.

"The purpose of the oath is not to compel expression but to obtain a commitment to our form of government from those wishing to become Canadian citizens," Justice Karen Weiler wrote on behalf of the court.


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