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Decentralized Democracy

House Hansard - 296

44th Parl. 1st Sess.
April 9, 2024 10:00AM
Context: House Hansard - 296 - Apr/9/24
Mr. James Maloney (Parliamentary Secretary to the Minister of Justice and Attorney General of Canada, Lib.)
Madam Speaker, I am grateful to speak to this bill today. The oath of allegiance is one everybody in the House is familiar with because they have taken it. Everybody sitting here has taken it at least once. Some of us have been lucky enough to take it more than once. The moment a member of this place takes the oath for the first time has a powerful impact. It is a moment filled equally with excitement and solemnity: excitement because it is the start of something, a bit of an adventure, something that the member had been working on for months; and solemnity because of the task ahead. Serving our constituents and Canadians more generally is a serious task and one that is an honour to undertake. The oath of allegiance is currently required by section 128 of the Constitution Act. The courts have interpreted it as a symbolic oath to Canada's system of government, a constitutional monarchy. The oath of allegiance has been described as an affirmation of Canada's societal values and constitutional architecture and a symbolic commitment to our form of government and the unwritten constitutional principle of democracy. I do not begrudge the honourable member for wanting to update our oath. He is my friend and he is my colleague. Swearing an oath of allegiance in the 21st century may seem to be a relic of a bygone colonial era. I understand that sentiment. I appreciate where he is coming from. I just do not believe this is the appropriate time to have this debate. The oath of allegiance is a bond that links members of this place and members of the other place in many ways. Even prior to Confederation, section 35 of the Union Act of 1840 required members of the legislative council and the legislative assembly of the Province of Canada to take an oath of allegiance prior to taking their seats and voting. The oath of allegiance also connects us with our colleagues in the provincial legislative assemblies who are also required by section 128 of the Constitution Act to take the same oath. The Crown remains an ever-present feature of our system of government and symbolizes the state. The Crown in Parliament participates in the legislative process, most critically in its culmination by granting royal assent. In this sense, the Crown is a unifying symbolic feature of our system of government and of our constitutional order. As the courts have recognized, viewed in this way, the oath to the King of Canada is an oath to our form of government, as symbolized by the King as the apex of our Canadian parliamentary system of a democratic constitutional monarchy. The oath of office proposed by the hon. member in Bill C-347 would invite us to swear to carry out our duties in the best interests of Canada while upholding its Constitution. I cannot dispute this sentiment. As the courts have held, however, the oath of allegiance, properly construed, is quite similar in meaning. The reference to the King in the oath of allegiance is really a reference to the state and the source of all sovereign authority. However, this proposed oath of office, well intended though it may be, does not reflect our system of government. Changing shared rituals like the oath of allegiance involves changing the Constitution. This is not something that should be done lightly or without careful reflection. Having expressed my own reservations about the hon. member's proposal, I and the government would oppose this measure and vote against the bill.
597 words
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