What is the Oath of Citizenship in Canada?
Answer
The pledge taken at every citizenship ceremony in which new Canadians swear or affirm allegiance to the King and faithful observance of Canadian laws including the Constitution's recognition of Aboriginal and treaty rights.
Explanation
The Oath of Citizenship is the pledge taken by new Canadians at the citizenship ceremony to formally acquire Canadian citizenship by naturalisation. It is set out in section 24 of the federal Citizenship Act and the schedule to the Act. The current oath, updated in 2021 by Bill C-8 (which received Royal Assent on June 21, 2021), reads: 'I swear (or affirm) that I will be faithful and bear true allegiance to His Majesty King Charles the Third, King of Canada, His Heirs and Successors, and that I will faithfully observe the laws of Canada including the Constitution, which recognizes and affirms the Aboriginal and treaty rights of First Nations, Inuit and Metis peoples, and fulfil my duties as a Canadian citizen'.
Bill C-8 of 2021 added the explicit recognition of Aboriginal and treaty rights in response to Truth and Reconciliation Commission Call to Action 94. Earlier amendments updated the oath following the accession of King Charles III on September 8, 2022, replacing references to Queen Elizabeth II with references to King Charles III in early 2023. The oath in French (the Serment de citoyennete) carries identical legal force.
The citizenship ceremony is the legal moment at which Canadian citizenship by naturalisation is acquired. Ceremonies are normally presided over by a citizenship judge appointed by the federal government under the Citizenship Act, or by a senior Immigration, Refugees and Citizenship Canada (IRCC) official authorised to act in that capacity. The ceremony includes the singing of O Canada, the presentation of citizenship certificates, the oath, and brief remarks. Reception of new citizens by community organisations such as the Institute for Canadian Citizenship is common.
The constitutionality of the oath has been tested. In Hassouna v. Canada (Citizenship and Immigration) (2017), the Federal Court held that the federal Strengthening Canadian Citizenship Act of 2014 provisions allowing revocation of citizenship without a hearing violated section 7 of the Canadian Charter of Rights and Freedoms. The Bill C-6 amendments of 2017 substantially restored procedural protections. McAteer v. Canada (Attorney General) (2014) upheld the constitutionality of the requirement to swear allegiance to the monarch as part of the oath, against a section 2(b) Charter challenge. About 250,000 to 350,000 people become Canadian citizens by naturalisation each year through the oath.
Why this matters for your test
The Oath of Citizenship is the legal moment of acquiring Canadian citizenship and the only ceremony every new Canadian must complete. Recognising the 2021 update incorporating Aboriginal and treaty rights gives candidates a current and specific anchor.
Source: Citizenship Act, R.S.C. 1985, c. C-29, s. 24 and Schedule; Bill C-8, S.C. 2021, c. 9