Abstract

https://ssrn.com/abstract=2886896
 


 



Reconcile this: Canada's Oath to the Queen, the Doctrine of Discovery, Indigenous Peoples, New Canadians and Freedom of Expression


Thomas L. McMahon


Independent

December 17, 2016


Abstract:     
Canada requires new citizens and an assortment of legislators, law enforcers and public servants to swear an oath of allegiance to Queen Elizabeth the Second and her heirs and successors. This paper examines the history of the oath of allegiance in both England and Canada; the history of how the monarch of England came to be the monarch of Canada through the doctrine of discovery; a history of case law surrounding the oath to the Queen in Canada; the history of Canada steadily moving away from laws and symbols of England to establish Canada's independence; the rights of indigenous peoples to refuse to swear the oath of allegiance; and how the oath to the Queen offends the constitutionally entrenched principles of equality and freedom of expression. The paper refers to the Calls to Action of the Truth and Reconciliation Commission of Canada concerning the doctrine of discovery and the oath to the Queen. The paper concludes that the Canadian courts have trivialized and made a mockery of almost all of this.

Number of Pages in PDF File: 71

Keywords: Indigenous, citizenship, oath, allegiance, freedom of speech, freedom of expression, equality, Canada, history, constitution, law, reconciliation, doctrine of discovery, compelled speech, compelled expression, royalty, monarchy, republicanism


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Date posted: December 19, 2016 ; Last revised: December 21, 2016

Suggested Citation

McMahon, Thomas L., Reconcile this: Canada's Oath to the Queen, the Doctrine of Discovery, Indigenous Peoples, New Canadians and Freedom of Expression (December 17, 2016). Available at SSRN: https://ssrn.com/abstract=2886896 or http://dx.doi.org/10.2139/ssrn.2886896

Contact Information

Thomas L. McMahon (Contact Author)
Independent ( email )
No Address Available
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