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 Regulation Society of Alberta for requiring him to swear an oath to the Queen to practise regulation, arguing that the rule violates his non secular freedoms as a Sikh.

Prabjot Singh Wirring stated doing so would compromise his religion and id 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 towards each our bodies and seeks to supply an alternate oath, or be exempt, to be admitted to the bar.

Different provinces and territories in Canada, comparable to British Columbia and the Yukon, enable individuals with non secular or conscientious objections to supply a special oath to practise regulation. In Alberta, people should swear to “be trustworthy and bear true allegiance to Her Majesty Queen Elizabeth II, her heirs and successors” underneath provincial laws.

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

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

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

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

Elizabeth Osler, government director of the regulation society, reiterated in a press release to The Globe and Mail that the society doesn’t have the authority to alter 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 Regulation 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 cannot be discovered, he stated his solely choice will likely be to uproot his household to a different province, severing connections together with his prolonged household and religious group.

In 2020, the society acknowledged systemic discrimination in Alberta’s authorized career and made a dedication to foster a extra equitable and inclusive surroundings by a spread 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 replicate on if their conduct matches their phrases relating to making a extra inclusive, equitable and numerous authorized career, [one] that truly displays the inhabitants it serves,” Mr. Nanda stated. “You probably have these archaic obstacles, you’re going to forestall individuals like my shopper from practising regulation.”

The assertion of declare states the oath of allegiance breaches Mr. Wirring’s Constitution entitlement to freedom of faith and discriminates towards 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 skilled on the Sikh faith, stated in a sworn affidavit the implications of the Khande ki Pahul ceremony, by 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 lifeless, can be tantamount to reneging on the vows already made,” Dr. Grewal stated. “As soon as the person has entered the Khalsa they aren’t 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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