Reni Yu-Ai Chang

Permanent resident applicants challenged the citizenship oath requirement to swear allegiance to the Queen, alleging infringements of freedom of expression, freedom of conscience and religion, and equality rights under the Charter.

The court held that, purposively interpreted, the oath is not allegiance to the Queen in her personal capacity but a symbolic commitment to Canada's form of government and the unwritten constitutional principle of democracy.

Applying the Irwin Toy framework, the court concluded there was no infringement of s. 2(b), and in the alternative any infringement would be justified under s. 1.

The court also held that the oath is secular and does not violate s. 2(a), and that the equality claim failed because it was premised on a mistaken understanding of the oath's meaning.

Appeal dismissed and cross-appeal allowed.

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.

The Crown appealed the sentence imposed on the respondent by the Ontario Court of Justice.

The Court of Appeal found that the sentence was not demonstrably unfit and dismissed the appeal.