Prabhjot Singh Wirring / Akashdeep Thind via LinkedIn
A Sikh Indian-origin lawyer has charted history by triggering a landmark judgement from the Canadian Supreme Court, ending the requirement from all legal professionals to swear allegiance to the British crown, overturning centuries of established precedence.
Prabhjot Singh Wirring, an Amritdhari Sikh submitted to the court that he cannot “be faithful and bear true allegiance” to the sovereign because he made an absolute oath and submitted himself to Akal Purakh, the divine being of the Sikh faith, as per records of the lower court, which had given a decision against Wirring.
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Wirring then moved to the top-court and challenged the ruling, obtaining a favourable judgement from the appellate court.
Before this ruling, prospective lawyers in Alberta were required to swear an Oath of Allegiance to the sovereign of Canada, the King of England, as a condition of being called to the bar. This obligation created a significant barrier and moral dilemma for those whose beliefs went against the practice.
Reacting to the judgement, British Columbia Civil Liberties Association said in a statement, "The Court’s decision is a win not just for prospective lawyers of different religious faiths, but also an important win for prospective Indigenous lawyers."
Veronica Martisius, Staff Litigation Counsel, BCCLA said, “As an Indigenous lawyer, it pleases me that the Court recognized the Oath of Allegiance for what it is, a barrier to welcoming diverse representation in the practice of law. With the Court’s assistance, the Alberta Legislature is now well equipped to remedy the “constitutional defect” for prospective lawyers.”
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