By Asia Samachar | Canada |
Alberta’s top court has ruled that requiring new lawyers to swear an oath of allegiance to the King is unconstitutional, reported Canadian newspaper The Globe and Mail.
The Alberta Court of Appeal found that the mandatory oath violates the Charter right to freedom of religion, siding with Sikh lawyer Prabjot Singh Wirring, who launched the constitutional challenge in 2022.
Wirring argued that pledging allegiance to the monarch conflicted with his faith, as he had already sworn an absolute oath to Akal Purakh, the divine being in Sikhism.
Although he eventually entered the Alberta bar through an interprovincial transfer after being admitted in Saskatchewan — a province that does not require the oath — the court proceeded with the case, saying the issue carried broader public importance.
In its decision, a three-judge panel — Chief Justice Ritu Khullar, Justice Bernette Ho and Justice Joshua Hawkes — ruled that the mandatory oath placed Wirring in an unconstitutional position: choosing between his religious obligations and his ability to practise law in his home province. The panel found that the lower court had made “palpable and overriding errors” when it dismissed his claim in 2023.
The court outlined three possible remedies for the Alberta government: abolish the oath entirely, make it optional, or amend its wording to remove the constitutional breach.
As reported by The Globe and Mail, Alberta is increasingly isolated on this issue. Most other provinces and territories have already removed or made optional any requirement to swear allegiance to the monarch.
Pressure had been mounting on the province after a second lawsuit — involving three aspiring Indigenous lawyers — also challenged the rule. One of the Indigenous plaintiffs intervened in Wirring’s appeal.
The Law Society of Alberta, which was named in the lawsuit but did not take a formal position, has previously indicated support for making the oath optional to prevent “inequitable barriers to the practice of law.” Chief executive Elizabeth Osler said Tuesday the society would follow the court’s direction to ensure Charter compliance.
Alberta Justice Minister Mickey Amery’s office said the ruling is under review and declined further comment. The province has 60 days to seek leave to appeal to the Supreme Court of Canada.
Wirring described the court’s decision as vindicating after what he called a “gruelling” legal and personal journey. His lawyer, Avnish Nanda, said they are prepared to continue the fight if the province pursues an appeal.
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