What does it mean to be a Canadian? Apparently whatever you like.

Earlier this week, within seconds of being sworn in at a citizenship ceremony, a newly minted citizen handed the citizenship judge a letter recanting the oath of allegiance he had just sworn to the Queen, but indicating his loyalty was to Canada.

It may seem archaic or anachronistic, but swearing allegiance ‎to Her Majesty remains the law of the land if you want to become a citizen. But apparently the courts have said that once you have sworn that oath you can say you don’t really believe it and that’s okay. I’m not sure I understand the logic in that, but frequently the legal system is devoid of sanity. Silly me, I didn’t know picking and choosing what rules we want to follow was an option.

Parliament resumes this week, and all the newly elected members have to be sworn in before they can take their seats in the House of Commons. I doubt any of them will be recanting the oaths they have just sworn, not even those who represent a party dedicated to breaking up the country.

At one point in my career I was a civil servant, and as part of my employment I was required to swear (or in my case affirm) an oath of allegiance to Queen Elizabeth II, her heirs and successors. I have great respect for Her Majesty, though I am not much impressed by what I have seen of the heirs and successors. Five hundred years ago, swearing that oath would mean I was willing to pay taxes and serve in the Queen’s armies. What that allegiance would mean in a real-world situation today I am not quite sure – the Queen doesn’t lead any armies into battle, her role is largely ceremonial.

However, she remains our head of state and will be for the foreseeable future. If you don’t like that, well, there is no reason you have to take out Canadian citizenship. Our previous government was criticized for attempting to revoke Canadian citizenship from dual citizens convicted of terrorist offences. Certainly though it is fair to suggest that with citizenship comes responsibilities as well as rights?

It seems to boil down to who sets the rules for citizenship. Is Canada a social contract, and under what conditions can an individual dictate what they will and will not accept in that contract? It seems somewhat strange to suggest that the prospective citizen can dictate to the rest of society what the terms of citizenship should be. If you don’t like the rules, no-one is forcing you to become a Canadian.

Allegiance to the Queen is pretty minor in the grand scheme of things. But if you allow the rejection of one portion of the oath without penalty, where do you draw the line? Can you recant your acceptance of traffic laws? Do you have to abide by Criminal Code? What about paying income tax? Can I just say I don’t accept the idea? Is it really all that simple?

On a serious note, can someone who has recanted their allegiance to Her Majesty be charged with treason? The legal defence would be fascinating. I hope that’s one question we never have to answer.