Discussions

I'm wondering if it is a violation of human rights to have someone pledge an oath:  
 
"I do swear that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth II, Queen of Canada, Her Heirs, and Successors."  
 
If someone does not agree, what are the consequences?  
 
I'm sure some people signed it and got promotion after promotion and knowing they do not understand?  
 
I was searching up a CBC article and I'm sure some situations were similar or different elsewhere?  
 
https://www.cbc.ca/news/canada/worker-pledges-legal-fight-over-oath-to-queen-1.250538

I think that you are confusing two separate and distinct issues here. Taking the oath is not a violation of human rights by any definition that I am aware of: however, it may be a violation of Charter protected rights and certainly would be an interesting legal argument.  
 
What I find ironically interesting about this case is that the plaintiff - let's call him that assuming he is wiling to sue the federal government for his right to not have to take the oath - is apparently quite willing to accept a paycheque, and presumably a pension, from the very entity that he purports to oppose. In my opinion, that makes him an absolute hypocrite, and begs the question as to whether he actually believes in what he espouses. There is extensive labour law that enforces an employers right to expect loyalty from their employees. So, to answer your original question of is there a way around taking the oath: absolutely there is. No one is forcing him to work for the federal government and he is quite free to go work elsewhere.  
 
Thanks for bringing this article to our attention. I look forward to seeing how it is eventually resolved, but suspect someone is going to capitulate, once faced with the harsh reality.

That article was from the year 2000.  
 
The oath was changed in 2003 to the current one, found here: https://laws-lois.justice.gc.ca/eng/acts/P-33.01/section-54.html  
 
Information about the duty oath can be found here: https://www.canada.ca/en/treasury-board-secretariat/services/values-ethics/code/duty-loyalty.html

I appreciate the updated information. Did you happen to come across what happened in the original 2000 case, per the article? I did a quick search but didn't find anything relevant to that case. I'm just curious as to how it was resolved.

Tried to edit my last post but kept getting an error...  
Wanted to ask if the amended oath was the result of the 2000 complaint, or if it was settled somehow else?  
 
Thanks!

I wondered that too, but couldn't find the definitive answer. I was in the public service then, and while I remember talk of it changing I don't remember the reasons.

He kept his job, without the oath.  
https://www.cbc.ca/amp/1.276903

Appreciate you sharing that article with the update.