Ned Djordjevic

This decision addresses motions for leave to intervene and to file records in a constitutional reference concerning the Greenhouse Gas Pollution Pricing Act.

The motion judge granted leave to intervene to twelve parties, including three Attorneys General as of right and nine additional parties seeking discretionary leave.

The judge declined to grant leave to one individual applicant.

The decision also addresses the scope of factums, oral argument time allocation, and the relaxed approach to supplementing the record in constitutional references as a court of first instance.

Permanent residents seeking Canadian citizenship challenged the constitutionality of the statutory citizenship oath requiring allegiance to the Queen under the Citizenship Act.

The applicants alleged that the oath infringed freedom of expression, freedom of religion, and equality rights under ss. 2(a), 2(b), and 15(1) of the Canadian Charter of Rights and Freedoms.

The court held that the oath constitutes compelled expression and therefore prima facie infringes s. 2(b), but concluded the infringement is justified under s. 1 as a reasonable limit because the oath symbolizes commitment to Canada’s constitutional structure and rule of law.

The court further held that the oath does not violate freedom of religion or equality rights, emphasizing its secular and universal nature and the absence of discriminatory purpose or effect.