A Canadian Superior Court judge has ruled that a legal action to overturn the requirement that new citizens swear an oath of loyalty to Elizabeth Windsor should be heard. Justice Belobaba rejected the argument of government lawyers that the case was frivolous and vexatious. Ms Windsor is the hereditary head of state of Canada although she is a British citizen and has never lived in Canada.
In his 17 May ruling the judge said that there was a chance that the class action case initiated by Charles Roach might succeed. He noted that nothing in the Constitution Act required an oath of loyalty to Ms. Windsor. The judge also drew attention to the Australian practice of requiring a pledge of commitment to Australia, its people and its laws, not to the head of state. Ms Windsor is head of state of Australia also.