Question Period Note: Oath of Canadian Citizenship

Status of legislative changes to the Oath of Citizenship introduced in Parliament.

• The amendment to the Oath demonstrates the Government’s commitment to advancing the calls to action of the Truth and Reconciliation Commission, and reflects our commitment to reconciliation and a renewed relationship with Indigenous Peoples in Canada based on recognition of rights, respect, cooperation and partnership.
• The changes are an important and necessary step in advancing Canada’s broader agenda for reconciliation, and strengthening the country’s valued relationship with Indigenous Peoples in Canada.

• The new wording allows new Canadians to appreciate and respect how Indigenous peoples and their history are an important part of Canada’s fabric and identity.

If pressed
• The citizenship ceremony includes taking the Oath as the final step to becoming a Canadian citizen, which is a solemn promise to follow the laws of Canada and perform our duties as citizens.
• It is Canada’s collective responsibility to understand the legacy of residential schools and what every Canadian can do to achieve reconciliation.

The Current Oath
• Since 1947, Canadian citizenship legislation has required citizenship candidates 14 years or older who apply for a grant of citizenship to take the Oath. The Oath is a solemn declaration that citizenship applicants who have been granted citizenship take, promising to obey Canadian laws while fulfilling their duties as Canadian citizens and pledging allegiance to the Sovereign.

• A person who has been granted citizenship under the Citizenship Act shall take the oath of citizenship by swearing or solemnly affirming before a citizenship judge or presiding official. The Citizenship Regulations indicate that unless the Minister otherwise directs, the oath of citizenship shall be taken at a citizenship ceremony. The requirement can be waived for minors and where an individual is unable to understand the significance of taking the Oath due to a mental disability.

• Attached as a Schedule to the Citizenship Act, the current wording of the Oath dates from 1977 and reads as follows: “I swear (or affirm) that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth II, Queen of Canada, Her Heirs and Successors, and that I will faithfully observe the laws of Canada and fulfill my duties as a Canadian citizen.”

The Truth and Reconciliation Commission Recommendations

• With the recent news from the Kamloops Residential School, Indigenous communities have been confronted once again with the very painful and enduring legacy of the residential school system.

• All Canadians must commit to acknowledging the legacy of residential schools and their devastating effects that continue to impact Indigenous peoples and their communities.

• The Truth and Reconciliation Commission (TRC) was established in 2008 with the mandate to examine and inform all Canadians of the impact of the Indian Residential Schools. It concluded its mandate with the publication of its Final Report on December 15, 2015.

• The report produced 94 recommendations or Calls to Action responding to this mandate. One of the Calls to Action (#94) was a modification of the wording of the Oath of Citizenship to add the wording “faithfully observe the laws of Canada, including treaties with Indigenous Peoples” to the Oath of Citizenship. Call to Action #93 recommends revising the citizenship study guide to reflect a more inclusive history of the diverse Aboriginal peoples of Canada.

Previously proposed amendments to the Oath
• On February 18, 2020, Bill C-6 was introduced in Parliament, proposing changes to the Oath of Citizenship in the spirit of TRC Call to Action #94. The Bill died on the Order Paper when Parliament was prorogued on August 18, 2020.
• Bill C-6 was substantively identical to Bill C-99, which was introduced in Parliament on May 28, 2019, but died on the Order paper when the 42nd Parliament was dissolved.
• The proposed wording in both previous Bills added reference to the Constitution and Aboriginal and treaty rights of First Nations, Inuit and Métis peoples, as follows:
“I 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, and that I will faithfully observe the laws of Canada, including the Constitution, which recognizes and affirms the Aboriginal and treaty rights of First Nations, Inuit and Métis peoples, and fulfill my duties as a Canadian citizen.”

• The proposed wording aligned with the spirit and intent of the Commission’s Call to Action, but was more inclusive and reflective of varied Indigenous experiences.

Consultations
• Officials met with National Indigenous Organizations (the Assembly of First Nations, Inuit Tapiriit Kanatami and the Métis Nation) to solicit their views on the wording of the Oath to respond to the Call to Action.

• In addition to the working-level and ministerial meetings with National Indigenous Organizations, focus group testing, polling and further engagement between departmental officials and select experts and stakeholders was also undertaken to seek views on a change to the Oath to implement the TRC’s Call to Action.

Current status

• Bill C-6 died on the Order Paper with prorogation of Parliament on August 18, 2020, but was reintroduced on October 22, 2020, as Bill
C-8. Bill C-8 completed Third Reading in the House on June 3, 2021 and was introduced in the Senate the same day. Bill C-8 was passed (on division) on June 10 and received Royal Assent on June 21.

• The Government remains committed to advancing Call to Action #94 as reflected in the Minister of IRCC’s mandate letter commitment to “[c]omplete the legislative work on changes to the Canadian Oath of Citizenship to reflect the Truth and Reconciliation Commission’s Calls to Action.

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