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Supreme Court Will Not Hear Appeal Regarding Canada's Citizenship Oath

2/27/2015

 
The Supreme Court delivered the final blow against an effort by three republicans to strike down Canada's citizenship oath as being unconstitutional. The Supreme Court has decided not to hear an appeal of the ruling delivered by the Ontario Superior Court of Justice. As per tradition the Supreme Court did not give their reasons for denying the application. Below is the summary from the Supreme Court of Canada website:
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Michael McAteer, et al. v. Attorney General of Canada

Charter of Rights – Freedom of expression – Freedom of religion – Freedom of conscience – Right to equality – Citizenship – Legislation – Interpretation – Does a statutory requirement that compels a ceremonial oath or pledge have the purpose of “controlling expression” – Does this Court’s Amselem test apply to a freedom of conscience claim and, if so, how – What evidence or rationale does the government need to constitutionally justify its requirement for a ceremonial oath or pledge – Citizenship Act, R.S.C. 1985, c. C-29, ss. 3(1)(c) and 12(3) – Syndicat Northcrest v. Amselem, [2004] 2 S.C.R. 551, 2004 SCC 47.

The three applicants are permanent residents of Canada. Although they wish to become Canadian citizens, they each object to the statutory requirement under the Citizenship Act to take an oath of allegiance to the Queen. Michael McAteer emigrated from Ireland and argues taking the oath would be a betrayal of his republican heritage and impede his activities in support of ending the Canadian monarchy. Simone Topey emigrated from Jamaica and claims that it would violate her religious beliefs as a Rastafarian to make an oath to the person who is the head of Babylon. Dror Bar-Natan emigrated from Israel and argued that it would violate his belief in equality of all persons to swear allegiance to a symbol of inequality where some must bow to others for reasons of ancestry. They seek a declaration that an oath requiring them to bear true allegiance to “Her Majesty Queen Elizabeth the Second, Queen of Canada, Her Heirs and Successors” violates their rights under sections 2(a), (b) and 15(1) of the Charter and are not saved by s. 1.

The Ontario Superior Court of Justice dismissed the application, holding: i) there was no violation of sections 2(a) and 15(1) of the Charter; ii) the oath was a form of compelled speech that prima facie violates s. 2(b) Charter rights; and iii) the violation was justified under s. 1 of the Charter. The Court of Appeal for Ontario dismissed the applicants’ appeal but allowed the respondent’s cross-appeal and set aside that part of the lower court judgment holding that the oath violates s. 2(b) of the Charter.

The Supreme Court is right to reject this appeal. The legality
of the oath has already been affirmed. Beginning in 1994
Charles Roach attempted to argue the oath violated sections
2(b), 2(d), and 15 of the Canadian Charter of Rights and
Freedoms. This latest attempt (starting in 2012) differs only
in the addition of a challenge based on section 2(a) of the
Charter (Freedom of Conscience). It would appear that
appealing to the Charter a piece at a time is not an effective
strategy for republicans. I somehow doubt this is the last
we've seen of particular waste of taxpayers money however.

It should be remembered that the Canadian Citizenship oath
is reciprocal with the Queen's Coronation Oath. The
Citizenship Oath provides that the new citizen "will be faithful
and bear true allegiance to Her Majesty Queen Elizabeth II,

Queen of Canada, Her Heirs and Successors..." and that they will "faithfully observe the laws of Canada and fulfill my
duties as a Canadian citizen." In return Her Majesty
promises in her Coronation Oath "to govern the Peoples of
Canada according to their respective laws and customs." As
long as one side of this arrangement carries out their duties
the other side is obligated to as well. It is an
acknowledgement that the state (personified by the monarch)
cannot act in an arbitrary manner. And that the state and the
citizen are in a direct, mutual relationship. There is a
sublime equality in that I feel.

Loyally Yours,
A Kisaragi Colour

45 Years of the Monarchist League of Canada

2/18/2015

 
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The Monarchist League of Canada
 is at the forefront of the
promotion, education, and non-
partisan defence of the Canadian
Crown. It was founded in February
of 1970 by supporters of the
monarchy who were concerned about "creeping
republicanism" by successive governments at the federal &
provincial level.

The first League meeting in Ottawa attracted over 600 people
to discuss ways to counter Prime Minister Pierre Trudeau's
moves to weaken the monarchy. Since then the League has gone from strength to strength in its defence of the Canadian Crown. The Monarchist League of Canada maintains its own
chronology of activities but here are some highlights:

1971 Campaigned successfully for Royal Arms of Canada to
remain on Canadian passports. Campaigned successfully to
retain the Crown on Ontario licence plates.

1973 Pressure from the League resulted in Canada Post
issuing two large stamps of the Queen for a Commonwealth
Conference held in Ottawa.

1975 After campaigning, received assurance from Ontario
Premier Bill Davis of his government’s opposition to an
Ontario Advisory Committee report suggesting Queen be
dropped from Canadian Citizenship Oath. Branches
encouraged as six lieutenant governors become League 
patrons.

1976 Lobbied and ran advertising to make sure that the
Queen opened 21st Olympics in Montréal as Canada’s head of state.

1977 Newfoundland Branch obtained signatures of over
three-quarters of the province’s population on a Declaration
of Loyalty for the Silver Jubilee.

1978 Testified before Joint Committee of Commons and
Senate against the republican provisions of Bill C-60 (a new
Constitution for Canada), waged a large public opinion
campaign helping to secure unanimous provincial opposition
to the bill and its eventual withdrawal.

1982 Sponsored a national speaking tour by British MP and
Monarchist Sir John Biggs-Davison.

1984 Assisted the CBC in production of video history of
Canada’s monarchy, The Maple & The Crown. Co-hosted
study conference on monarchy held at the University of
Toronto. Toronto Branch participates in Royal Tattoo in
presence of The Queen.

1985 Submitted to the new Mulroney government a brief,
Canada’s Monarchy, Authentic Evolution, containing
department-by-department recommendations for full
expression of the nation’s monarchical identity.

1987 Defeated attempt by Secretary of State David Crombie
to remove Queen from Canadian Citizenship Oath.

1988 Began research and lobbying activities to encourage
MPs to request, and Government to erect, the Equestrian
Statue of The Queen on Parliament Hill (unveiled in 1992).

1989 Assisted Alberta Provincial Museum in mounting
exhibit on the 1939 Royal Tour.

1990 Issued first bilingual pamphlet about the value of the
monarchy and the work of the League.

1991 Blocked announcement of government’s new Gallantry
Decorations which would have eliminated the Victoria Cross
as a Canadian decoration. Subsequently waged successful campaign resulting in Queen’s creation of a Canadian Victoria Cross in 1993.

1993 Contacted every member of new House of Commons to solicit responses of loyalty to Crown and offer material on the
monarchy for MPs’ offices and constituents.

1996 Becomes first loyal society site on the internet at
www.monarchist.ca; free trial memberships attract many
new supporters.

1997 Established nationwide Red Box program to furnish
monarchical materials and teaching aids at no charge to
school and youth groups. Supplied first annual summer
student intern to Lieutenant Governor of Ontario. Assisted in
presentation of the Five Hundred Years of Royal Canada
mural to The Queen at Rideau Hall.

1998 Campaigned successfully for Oath of Citizenship to
remain Oath to Queen. Testifies before Senate Legal and
Constitutional Affairs Committee on proposed Royal Assent
changes.

1999 Released first comprehensive Survey on Cost of the
Canadian Crown (74 cents per citizen yearly). Exposed
Premiers’ near-unanimous opposition to leaked prime
ministerial millennium project to make Canada a republic.

2000 Received Armorial Bearings containing two Royal
Crowns by the Queen’s permission, presented by the
Lieutenant Governor of Ontario acting on behalf of The
Governor General and proclaimed at Accession Day service.
Testified before the House of Commons Committee and
Senate Legal and Constitutional Affairs Committee on
Citizenship Oath.

2001 Joined commentators and his Cabinet colleagues in
rebuking Foreign Affairs Minister Manley’s call for a republic.
Testified before Senate Rules, Procedures and Rights of
Parliament Committee on Royal Assent procedures. Ottawa
branch successfully campaigned to prevent designer logo from replacing Armorials in amalgamated city.

2002 Revised and updates survey on Cost of Canadian
Crown: $1.10 per Canadian yearly. Bilingualized main League
website. Teen and Young Adult Monarchist interest groups
formed in response to surging youth membership.

2003 Campaigned against Bill C-25 to remove allegiance to
Queen from Public Service Oath.

2004 Defended Governor General in media over spending
and travel controversy. Ontario members participated in
Lieutenant Governor’s book drive for First Nations
communities. Exposed federal government's confusion as to
the roles of The Queen and the Governor General, as
demonstrated at Canadian 60th anniversary of D-Day
commemoration in Normandy.

2005 Mounted national campaign in opposition to deletion
of Queen’s name from Canadian diplomatic Letters of
Credence and to demonstrate dangers of creeping
republicanism vested in a Governor General nominated,
advised and budgeted by the Prime Minister. Released third
comprehensive study of the Cost of the Canadian Crown: $1.54 per Canadian annually.

2006 Produced The Canadian Monarchy, full-colour
educational booklet about the Maple Crown, and began distribution to parliamentarians, schools and youth groups.
Revised website to incorporate contemporary education
section.

2007 After decades of lobbying, Canada Post issued the first
permanent (non-denominated) definitive stamp of The Queen for first class letters.

2008 Lead successful public and media campaign to reverse
BC Ferries’ decision to remove pictures of Queen from its
vessels. Protested downgrading of Royal portrait at Rideau
Hall.

2009 Becomes first organization to Tweet a Royal Visit.
Issues fourth triennial study, The Cost of the Canadian
Crown: $1.53 per Canadian yearly.

2010 Celebrated 40th anniversary of founding with complete revamping of website. Campaigned for restoration of “Royal
Canadian Navy” title.

The League has had a proud history. Whether in victory or
defeat it will continue to loyally support our Canadian
sovereign and fight against those who would undermine it.
Congratulations on 45 years!

Loyally Yours,
A Kisaragi Colour

Henry VIII's Caesaropapism and its Modern Effects (Part 1)

2/15/2015

 
Henry VIII is most often remembered for being gluttonous and killing his wives. This is unfair given the wide-ranging effects his religious reforms would have. But within those religious reforms were even more significant civil reforms that established secular authority as supreme within the English realm & its successors.

There are a substantial number of people who will argue that since the Queen is also Supreme Governor of the Church of England Canada is therefore a theocracy. After all, a theocracy is a government in which religious officials have secular power so on the face of it the claim makes sense. However, these people forget that in theocracies the secular leader holds power based on their position within a religious hierarchy. The Queen does not hold her position as monarch (in any of her realms) by virtue of being Supreme Governor of the Church of England. In fact the opposite is true. The Queen is Supreme Governor of the Church of England by virtue of her position as monarch. This 180 degree inversion of theocracy is known as Caesaropapism.

Henry VIII is the source of this development which was a major break with former constitutional theory. For hundreds of years popes had claimed that Emperor Constantine had transferred imperial authority over the lands of the Western Roman Empire (The Donation of Constantine) to them and as such the pope had the authority to make, and unmake, rulers in Europe. William the Conqueror being crowned by Papal legates after his conquest of England is one relevant expression of this theory. Likewise, King John (yes, that one) declared his realm to be a Papal fief in 1213. English constitutional theory therefore acknowledged a certain degree of authority for the Papacy within England. One expression of this was the right to appeal some rulings made in the courts to Rome.

This obviously would be annoying for any ruler but most just put up with it. Henry VIII was not 'most rulers'. He had power, ambition, and the ego to match.
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And codpieces. Uncomfortably large codpieces.
Henry VIII's solution was the Statute in Restraint of Appeals (The Ecclesiastical Appeals Act 1532) which established the English Crown was imperial in nature and thus equal in status to the pope and, as a result, the king was the final legal authority in England. Henry VIII justified this by constructed a genealogy for himself which placed him as the direct descendant of Brutus of Troy, the mythical first settler of Britain. For the first time in English history secular power was truly supreme.

An excerpt from the act:
"Where by divers sundry old authentic histories and chronicles, it is manifestly declared and expressed that this realm of England is an Empire, and so hath been accepted in the world, governed by one Supreme Head and King having the dignity and royal estate of the imperial Crown of the same, unto whom a body politic compact of all sorts and degrees of people divided in terms and by names of Spirituality and Temporally, be bounden and owe to bear next to God a natural and humble obedience: he being also institute and furnished, by the goodness and sufferance of Almighty God, with plenary, whole, and entire power, pre-eminence, authority, ..."
This principle was reaffirmed in the Acts of Supremacy and remains a part of the scattered documents that make up the Canadian Constitution. This has a few interesting effects.

Since the Canadian Crown is the final legal authority in Canada it is doubtful whether any law could be made that allows for appeals to a foreign body. Within Canada it is doubtful a tribunal or commission could possibly be set up whose rulings could not be appealed to the standard justice system (I'm sure those concerned about Sharia courts and over-mighty Human Rights Commissions will be comforted by this). Today Canada has a legal system that is secular in nature. Henry VIII's reform was the first step in making this possible.

A secondary effect is that due to the Statute of Westminster guaranteeing all of the realms 'equal status' Canada (and the rest of Her Majesty's realms) are legally empires.

Henry VIII's actions would also lead to the theory of divine right gaining ground in England. Even this would come to have positive effects but that is a story for another time.

Loyally Yours,
A Kisaragi Colour

Monarchist Book Recommendation

2/13/2015

 
By: Mr. Windsor

It has become so cold in Edmonton that I’m debating whether it is worthwhile to go skating or not. Staying inside with a good cup of tea and a great book suddenly seems like the better option. As a matter of fact, I recently read quite an educational book that changed my perception of our Queen. I’d like to briefly talk about Her Majesty: Sixty Regal Years (Published in 2012) by Brian Hoey. Maybe after this you may decide to read this wonderful book. 
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The biography starts off by introducing a typical day of Queen Elizabeth II and later on describes her early life as a Princess, making sure to acknowledge her war effort during the Second World War. It describes how people had doubts about Prince Philip of Greece and Denmark who later became the Queen's husband in 1947. Afterwards, Brain Hoey comments on how the tragic events involving Diana but later writes about the engagement to Camilla and how both events greatly affected our Queen. 

It mentions Her Majesty’s role in politics and remarks upon the constant relationship between her Prime Ministers and Ministers of her parliaments. However, my favorite section of the book is the chapters dedicated to talking about her duty to the Commonwealth of Nations. The chapters mentions her great admiration for the many countries involved in the Commonwealth. 

Another noteworthy section in the book debunks many common myths of the “Cases against Monarchy” and talks about the cost of the monarchy in Britain including the many bonuses and benefits of having their Head of State. 

So just in case the Canadian winter weather has hit your humble abode, I recommend reading a good book on our Queen.

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    This website is intended to be a resource for those arguing in favour of Canada's monarchy, researching Canada's royal past, or wondering what the various vice-regal representatives of the Canadian Crown are up to currently. As well, articles about other monarchies may appear from time to time. 

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