Matters of Faith and Conscience: A Turning Point in the Taking of Oaths in Canada

L’État et la Diversité Culturelle et Religieuse 1800-1914, (Quebec: Presses de l'Université du Québec, 2009)

20 Pages Posted: 21 Aug 2012

See all articles by David H. Michels

David H. Michels

Dalhousie University - Schulich School of Law

David Blaikie

Dalhousie University - Schulich School of Law

Date Written: August 1, 2009

Abstract

The global expansion of the British Empire brought to its colonies British legal traditions. Non-British peoples and cultures had to adapt to these imposed legal traditions, but also left their own indelible marks of change. Following years of immigration in Canada, change was necessitated across the social order to accommodate new faiths and cultural practices of non-British origin. One example involved the taking of court oaths, a practice that in the British legal tradition traces its roots to the Protestant Christian faith. Focusing on the example of court oaths, we argue that as immigration surged at the turn of the 20th century, and Canadian society increasingly became religiously diverse, Canadian courts responded to this diversity when shaping the law of oaths. In 1913 a Nova Scotia case, Curry v. The King, was argued before divided courts up to the Supreme Court of Canada on the question of what binds a sworn oath: the religious forms of oath taken or the conscience of the oath taker regardless of their faith. The precedent established remains good law today and is one illustration of how courts successfully wrestled with issues of religious diversity and accommodation in the emerging multi-cultural society of early 20th century Canada.

Keywords: Law, Religion, Oaths

Suggested Citation

Michels, David H. and Blaikie, David, Matters of Faith and Conscience: A Turning Point in the Taking of Oaths in Canada (August 1, 2009). L’État et la Diversité Culturelle et Religieuse 1800-1914, (Quebec: Presses de l'Université du Québec, 2009), Available at SSRN: https://ssrn.com/abstract=2133006

David H. Michels (Contact Author)

Dalhousie University - Schulich School of Law ( email )

6061 University Avenue
6061 University Ave
Halifax, Nova Scotia B3H 4H9
Canada

David Blaikie

Dalhousie University - Schulich School of Law ( email )

6061 University Avenue
6061 University Ave
Halifax, Nova Scotia B3H 4H9
Canada

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