A century-old Alberta law forcing new lawyers to swear allegiance to the Crown has been struck down after the Alberta Court of Appeal ruled the requirement violates freedom of religion under the Charter.Blacklock's Reporter says in a decision released this week, the court invalidated a 1912 oath that compelled lawyer candidates to pledge loyalty to the King “so help me God,” finding the language went beyond a professional undertaking and crossed into compelled devotion.“Candidates for admission in Alberta are still required to take the Law Society Oath, which includes a commitment to practice law in the public interest, and the Official Oath, which includes a commitment to be diligent and practice to the best of the candidate’s ability,” the court wrote. “What is struck is the separate oath of allegiance to the Crown.”The appeal was brought by Edmonton lawyer Prabjot Singh Wirring, a Dalhousie University graduate and lifelong Sikh, who argued the oath breached his religious beliefs. Wirring told the court that at age 13 he swore an oath to the Guru Granth Sahib pledging not to give allegiance to any other figure or entity..“I can no longer be an Amritdhari Sikh if I swear an oath of allegiance to any entity aside from the Guru and Khalsa,” Wirring wrote in his submission.The court agreed, ruling that the oath’s language imposed a form of loyalty incompatible with Wirring’s religious commitments.“The words ‘I will be faithful and bear true allegiance’ are not the words of an ordinary undertaking of support or commitment,” the judges wrote. “Accordingly, we conclude the requirement to take the Oath of Allegiance infringed the appellant’s right to religious freedom.”The court noted Wirring believed “allegiance” meant an overriding devotion that took priority over all other obligations, including religious ones, making compliance impossible without violating his faith.Judges also pointed out Alberta was nearly alone in strictly enforcing the oath. In Yukon, Ontario, Nova Scotia, and New Brunswick, oaths of allegiance to the King are voluntary, while British Columbia, Saskatchewan, and Prince Edward Island have repealed them entirely..The original 1912 oath required lawyers to swear they would defend the King “to the utmost of my power against all traitorous conspiracies or attempts whatsoever.” It was softened in 1958 to its modern wording pledging allegiance to Queen Elizabeth II, her heirs, and successors.Members of Parliament are still required under the Constitution Act, 1867, to swear a similar oath. Bloc Québécois leader Yves-François Blanchet drew attention to the issue in 2022, saying his own oath to the Crown carried no real meaning.“An oath under duress is worth nothing,” Blanchet said at the time. “If it does not come from the heart, it has no value.”
