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Ruling October 27, 2022

Point of order concerning the oath of allegiance of the member for Beloeil—Chambly

Hon. Anthony Rota

Hon. Anthony Rota

Speaker of the House

Ruling Text

The Speaker: I would like to return to the point of order raised on October 25, 2022, by the Parliamentary Secretary to the Leader of the Government in the House of Commons regarding the oath of allegiance of the member for Beloeil—Chambly. [Translation] We are all required to take and subscribe an oath or make a solemn affirmation before taking our seats in the House and voting. By swearing an oath or making a solemn affirmation of allegiance to the Crown, members are swearing an oath to the constitutional principles of our country. A member's role includes important duties and responsibilities, and the oath reminds us of them. When the question was raised, I quoted the third edition of House of Commons Procedure and Practice, and I referred to a similar situation that arose in 1990. The Chair would like to reiterate the conclusions of the decision Speaker Fraser made on this subject on November 1, 1990. I will now quote from page 14970 of the Debates: Your Speaker is not empowered to make a judgment on the circumstances or the sincerity with which a duly elected member takes the oath of allegiance. The significance of the oath to each member is a matter of conscience and so it must remain. [English] All members of this House are honourable members and the Chair expects that they act accordingly, in words and in deed. In the same ruling cited from November 1, 1990, Speaker Fraser reminded the House, at the same page of Debates, that "only the House can examine the conduct of its Members and only the House can take action if it decides action is required". [Translation] It is therefore the House itself that has authority over its members. It is for the House, not the Chair, to pass judgment on their conduct. That said, some matters should be approached with a great deal of caution. We may have here a convincing example of such an issue, on both sides. I thank members for their attention.
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AI Summary

The Speaker rules that the Chair cannot judge the sincerity of a member's oath of allegiance, as that is a matter for the House itself to consider.

AI Analysis

Holding
"The Chair cannot rule on the sincerity of a member's oath of allegiance, as this is a matter of individual conscience; only the House itself has the authority to examine and judge the conduct of its members."
Outcome
Other
Tone
Educational
Procedural Stage
Routine Proceedings
Significance
Low High