Swearing an oath to the Queen a violation of non secular freedoms, potential lawyer says in lawsuit

A potential lawyer in Edmonton is suing the provincial authorities and Legislation Society of Alberta for requiring him to swear an oath to the Queen to practise regulation, arguing that the rule violates his spiritual freedoms as a Sikh.

Prabjot Singh Wirring stated doing so would compromise his religion and identification as a result of he has already made an absolute oath to Akal Purakh, the divine being in Sikh custom, as an Amritdhari (initiated) Sikh. Earlier this month, he filed a authorized problem in opposition to each our bodies and seeks to offer an alternate oath, or be exempt, to be admitted to the bar.

Different provinces and territories in Canada, reminiscent of British Columbia and the Yukon, permit individuals with spiritual or conscientious objections to offer a special oath to practise regulation. In Alberta, people should swear to “be devoted and bear true allegiance to Her Majesty Queen Elizabeth II, her heirs and successors” underneath provincial laws.

Mr. Wirring stated the requirement has dropped at the floor emotions of anger, frustration and unhappiness. He stated it provides to experiences of racism and exclusion felt all through his life and alienates him from his friends.

“Even if you find yourself included in a sure house, otherwise you’re round a desk, I nonetheless have to elucidate and justify my existence. I don’t get to simply be, like different individuals within the room,” Mr. Wirring stated. “Once we speak about inclusion, range and issues like that, you need to acknowledge the burden that racialized individuals carry already. As part of any calculation, you need to decide, which battles do I must combat or have the power to combat?”

Compromising his ideas on the outset of his authorized profession could be counterintuitive, he stated, and go in opposition to the values that kind who he’s as an individual and soon-to-be lawyer. Mr. Wirring stated his whole life has been formed by his faith and impressed his dedication to social justice.

He stated he reached out to executives of the Legislation Society of Alberta, a self-governing physique that units requirements for legal professionals, earlier than pursuing authorized motion. Though they have been sympathetic to his scenario, he stated they have been unable to offer an lodging as a result of the oath falls underneath provincial laws.

Elizabeth Osler, government director of the regulation society, reiterated in an announcement to The Globe and Mail that the society doesn’t have the authority to vary the laws governing the oath requirement. She declined to touch upon whether or not it want to see adjustments to the regulation.

The Authorities of Alberta declined to remark because the matter is earlier than the courts.

Mr. Wirring graduated from the Schulich College of Legislation at Dalhousie College and is about to finish his articling necessities this August. He’ll then be eligible to be admitted to the regulation society. If an answer can’t be discovered, he stated his solely possibility shall be to uproot his household to a different province, severing connections along with his prolonged household and non secular group.

In 2020, the society acknowledged systemic discrimination in Alberta’s authorized occupation and made a dedication to foster a extra equitable and inclusive setting by way of a variety of initiatives. The Alberta authorities has additionally made a broad dedication to handle racism and take away obstacles in its public-service work power.

Avnish Nanda, an Edmonton-based lawyer representing the plaintiff, stated this lawsuit highlights the necessity to do extra.

“It is a scenario the place the regulation society and the province should mirror on if their conduct matches their phrases in terms of making a extra inclusive, equitable and various authorized occupation, [one] that truly displays the inhabitants it serves,” Mr. Nanda stated. “If in case you have these archaic obstacles, you’re going to forestall individuals like my consumer from practising regulation.”

The assertion of declare states the oath of allegiance breaches Mr. Wirring’s Constitution entitlement to freedom of faith and discriminates in opposition to him based mostly on his race and faith because it precludes him from practising regulation. Mr. Nanda stated the federal government has but to submit statements of defence.

Dr. Harjeet Grewal, a professor on the College of Calgary who’s an professional on the Sikh faith, stated in a sworn affidavit the implications of the Khande ki Pahul ceremony, during which one formally turns into a member of the Khalsa (initiated Sikh group), forbid somebody from pledging allegiance elsewhere.

“For a member of the Khalsa, pledging allegiance to some other entity, dwelling or useless, could be tantamount to reneging on the vows already made,” Dr. Grewal stated. “As soon as the person has entered the Khalsa they don’t seem to be capable of commit themselves or make abiding pledges upon some other determine or entity as it might excommunicate them from the Khalsa.”

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