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.
