Alberta lawyer requirement to swear oath to king being challenged in court | 24CA News
Three Indigenous Alberta ladies are concerned in a lawsuit that requires articling college students within the province to swear an oath of allegiance to “be faithful and bear true allegiance to His Majesty King Charles the Third.”
Rachel Snow is an Îyârhe Nakoda First Nations authorized advisor and Indigenous regulation practitioner, and a descendant of makers of Treaty 7.
Her father John Snow was chief of the Wesley Band, west of Calgary. In the 70s he acquired an viewers Queen Elizabeth II and introduced Prince Charles with a e-book that he wrote concerning the historical past of his folks.
John fought for Indigenous rights and had an honorary doctorate of legal guidelines diploma from the University of Calgary.
Rachel has a regulation diploma however she will be able to’t be a lawyer in Alberta until she swear an oath of allegiance to the king.
“It’s very much a remnant of colonialism,” Snow stated.
In September, Rachel, Janice Makokis and Anita Cardinal began a lawsuit difficult the oath of allegiance. The three Indigenous ladies all graduated from regulation faculty.
Cardinal and Makokis are Cree ladies from First Nations in Treaty 8 and Treaty 6 territory.
Rachel says an oath to the King is opposite to her religious beliefs as an Îyârhe Nakoda individual. She stated she will be able to’t swear an oath to a system that has brought about hurt to her folks and to an oath that she’s going to uphold newcomer legal guidelines over the legal guidelines of her personal folks.
“It makes me feel like I’m betraying my ancestors,” stated Rachel. “If my ancestors negotiated the treaties so that we would be able to come forward with all the practices and way of life, and languages and ceremonies — if they had negotiated that, then why is it that at this time that I have to step down or go under somebody else’s jurisdiction?
“Where is the reciprocity?”
She stated First Nations are a sovereign individuals who signed an settlement with the Crown as a result of they agreed to be companions.
“Why would we then submit or capitulate under the British Crown? If we agreed to be partners then that means our legal traditions have the same weight as they always have had. Why does there have to be one group submitting to the jurisdiction of another?” Rachel stated.
The lawsuit has named the Alberta authorities and the Law Society of Alberta as defendants.
The Law Society stated whereas it isn’t inside their energy to amend laws, “we support an amendment to the Oaths of Office Act that would create flexibility for articling students by making the oath of allegiance to the King optional”
The Law Society stated that modification would take away inequitable boundaries in Alberta.
The lawyer representing the ladies stated the oath of allegiance is a type of discrimination.
“It’s the basic injustice of it,” stated Orlagh O’Kelly. “I think most people can understand this is their land. This is their territory. This is treaty territory and they can’t practice law.
“These are voices that we should have as part of our legal profession.”
“They do have that right in accordance with the treaties which we are all bound by and requiring that they take this symbolic oath was never contemplated in the treaties.”
Other provinces have already opted to do away with the oath of allegiance or to make it non-obligatory.
The obligatory oath of allegiance has been challenged in two separate lawsuits.
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