Department of Justice Canada: The oath of citizenship after the demise of the Crown
30 Sept 2026 · Access to Information Act
Answer due 30 Oct.
Request under the Access to Information Act — the oath of citizenship after the demise of the Crown, the accession of the King in right of Canada, and the legal assessment of the statements of the United States that Canada should become its 51st state — with a request for a fee waiver under subsection 11(2)
Hello,
I make this request under section 6 of the Access to Information Act. I am a person present in Canada. Subsection 4(1) of the Act, as extended by the Access to Information Act Extension Order, No. 1, entitles me to make it.
CONTEXT.
The Schedule to the Citizenship Act, as consolidated on the Justice Laws Website and captured on 28 September 2026, sets out the oath of citizenship as allegiance to "Her Majesty Queen Elizabeth the Second, Queen of Canada, Her Heirs and Successors". Immigration, Refugees and Citizenship Canada administers an oath to "His Majesty King Charles the Third". On 10 September 2022 the accession of the King was proclaimed in Canada. In Motard c. Procureur général du Canada, 2019 QCCA 1826, the Court of Appeal of Quebec held that whoever is King of the United Kingdom is King of Canada, and the Supreme Court of Canada declined to hear an appeal. From 7 January 2025 the President of the United States called for Canada to become the 51st state, again and again. On 24 August 2026 the Vice-President said: "We have to remember Canada is a state." On 23 September 2026 the Prime Minister told The New York Times that he had prepared for the "extreme tail risk" of American military action against Canada.
RECORDS REQUESTED.
1. Records, from 8 September 2022 to the date this request is received, on the text of the oath of citizenship in the Schedule to the Citizenship Act after the demise of the Crown: whether the Schedule requires amendment, and the authority under which an oath naming King Charles the Third is administered.
2. Records on the Proclamation of 10 September 2022 of the accession of the King in right of Canada: the advice of the Department on the legal basis for the succession in right of Canada, and every record from 28 October 2019 to the date this request is received in which the Department applied the principle of symmetry stated in Motard, 2019 QCCA 1826.
3. Records, from 7 January 2025 to the date this request is received, of any assessment in law of statements by officials of the United States that Canada should become a state of the United States.
4. Where no record exists for an item, a statement to that effect for that item, naming the officer who conducted the search. The duty to assist in subsection 4(2.1) of the Act requires it.
WITHHELD RECORDS.
For every record withheld in whole, including under section 23, state its date, its author, its recipient and the provision relied on. Paragraph 10(1)(b) and section 25 of the Act apply.
FEE.
Waive the application fee under subsection 11(2). The records concern the oath that every new citizen of Canada swears and the law under which the King of Canada is chosen. Every record released will be published in full at https://dzyuban.com/reformation/. If the fee is not waived, give the decision under subsection 11(2) in writing, with reasons and the name and title of the officer who made it. On 15 September 2026 the Department refused 3 fee waivers in identical messages without reasons.
DELIVERY.
By email, to this address. Confirm receipt with the file number and the date of receipt under section 7.
Respectfully,
Danilo Dzyuban