Some people thought that because we have a shared monarchy it should be made clear to new citizens that the loyalty they were promising was to the Queen of Canada not to the Queen of Jamaica, the Queen of New Zealand or the Queen of the United Kingdom, and therefore the words “Queen of Canada” were inserted after the Queen’s name. The oath was also officially named the Canadian Citizenship Oath at that time
Canadian citizenship was created in 1947. Before that people in the independent countries of the Commonwealth and Empire were simply subjects of the King. In 1950 this unity was broken when India became a republic. About the same time individual states of the Commonwealth began to create separate citizenship for their countries. Canada did so in 1947. Prior to 1947 immigrants to Canada simply took the Oath of Allegiance to become Canadians. The Oath of Allegiance is “I swear that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors, according to law”. From 1947 to 1977 they took the Oath of Allegiance for Purposes of Citizenship, an adaptation of the Oath of Allegiance provided in the Citizenship Act of 1947. It was “I swear that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors, according to law, and that I will faithfully observe the laws of Canada and fulfil my duties as a Canadian citizen”.
It was introduced by the Liberal Government of Mr Pierre Trudeau in 1976 and came into effect in 1977.
To three things. First, the individuals who take it commit themselves to fidelity to the head of our country, Her Majesty Queen Elizabeth II — the person in whom, in accordance with the Constitution, the Government of Canada and the Command in Chief of the Canadian Forces are vested; who is one of the three parts of the Parliament of Canada; in whose name the law is administered; and who personifies the history of Canada in which her family for five hundred years have been a creative force. (But such individuals are not swearing loyalty to the government policies of the day.) Secondly, they are promising to observe the laws of the country, (but not necessarily to support or advance them if their conscience tells them otherwise). Finally, they state that they will be good citizens of Canada.
They take the Canadian Citizenship Oath. The Citizenship Oath is as follows: “I [name of person] swear” [or “affirm”] “that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Queen of Canada, Her Heirs and Successors, according to law and that I will faithfully observe the laws of Canada and fulfil my duties as a Canadian citizen”. Or in French: “Je jure” [ou “dclare solennellement”] “que je serai fidle et que je porterai sincre allgeance Sa Majest la Reine Elizabeth Deux, Reine du Canada, ses hritiers et ses successeurs en conformit de la loi et que j’observerai fidlement les lois du Canada et remplirai mes devoirs de citoyen canadien”.
Under United Kingdom law, Canadians are Commonwealth citizens and hence are entitled to certain rights in the UK:
access to the UK working holiday visa scheme
for those with a UK born grandparent, access to the UK Ancestry Entry Clearance
for those born before 1983 who meet the requirements, Right of Abode in the UK
the right to vote and stand for public office in the UK
Any Canadian can apply for a citizenship certificate. New Canadians get a certificate when they are granted citizenship. If you automatically acquired citizenship because you were born outside Canada to a Canadian parent or you are a woman who was landed in Canada before 1947 (e.g., a war bride), you can apply for a citizenship certificate.
It can take many months to issue a citizenship certificate.
Citizens are:
Able to vote in political elections upon reaching the age of 18 (and provided they are not absent from Canada for more than 5 years and intend to resume residency in Canada).
Able to serve on a jury.
Able to run for political office upon reaching the age of 18.
Able to obtain a Canadian passport.
Able to prevent risk of getting deported from Canada
Able to work for the Federal government (where citizenship is usually required)
Allowed to live outside Canada indefinitely while retaining the right to return
Able to pass on Canadian citizenship to children born outside Canada.
There have been a number of court decisions dealing with the subject of Canadian citizenship. A few of the major decisions are:
Glynos v. Canada (1992). The federal court ruled that the child of a Canadian mother had the right to be granted Canadian citizenship, despite the fact that the responsible parent of the child (i.e. the father) had naturalized as a U.S. citizen before 15 February 1977 and had thus lost his Canadian citizenship.
Benner v. Canada (1997). The Supreme Court of Canada ruled that children born abroad before 15 February 1977 of Canadian mothers were to be treated the same as those of Canadian fathers (i.e. granted citizenship upon application without the requirements of a security check or taking a citizenship oath).
Canada (Attorney General) v. McKenna (C.A.) (1999). As a result of the existing Citizenship Act, adopted children are treated differently from biological children born abroad to Canadian citizens. The Federal Court of Appeal has indicated that distinctions in the law based on “adoptive parentage” violate the equality rights provisions in section 15 of the Canadian Charter of Rights and Freedoms. Under the existing law, moreover, children adopted by Canadian parents who are living abroad and who wish to continue doing so cannot become permanent residents and, therefore, cannot become Canadian citizens.
Taylor v. Minister of Citizenship and Immigration (2006). The federal court ruled that an individual born abroad and out of wedlock to a Canadian serviceman father and a non-Canadian mother acquired citizenship upon arrival in Canada after World War II and did not subsequently lose Canadian citizenship while living abroad. The ruling is far-reaching in terms of striking down a number of the loss provisions of the 1947 Citizenship Act based on the retrospective application of the Charter of Rights and Freedoms. On 29 September 2006 the Canadian Government announced that this decision would be appealed.
Former Canadian citizens who lost their citizenship as adults are generally required to obtain landed immigrant (permanent resident) status under normal rules and live in Canada for one year in order to resume Canadian citizenship.
As of 5 May 2005, a special concession has been made to those who lost Canadian citizenship as minors between 1 January 1947 and 14 February 1977 based on a parent’s loss of Canadian citizenship. These persons now have an unqualified right to resume Canadian citizenship without actually residing in Canada.
Former Canadians who lost British subject status before 1947 have no specific rights to Canadian citizenship, except in the case of women who lost British subject status on marriage to a foreign man.
