Wednesday, March 21, 2007

Keep Saluting Our Queen

. Wednesday, March 21, 2007

by Ian Holloway, National Post

Captain Aralt Mac Giolla Chainnigh (until recently, Harold Kenny), a professor of physics at the Royal Military College and an officer in the Canadian Forces Reserves, has sued the government for what he alleges to be a "degrading" policy of requiring officers to stand during the loyal toast and salute during the playing of God Save the Queen. News reports suggest that Capt. Chainnigh has been fighting the policy for five years and has had his grievance denied by both the Canadian Forces Grievance Board and General Rick Hillier, the Chief of the Defence Staff. Capt. Chainnigh is now asking the federal court to declare the requirement to pay respect to the Crown as unlawful on the basis that it amounts to what he describes as "institutional harassment." In his public comments on the case, Capt. Chainnigh has repeatedly described Queen Elizabeth as a "foreign monarch." The news report says that his objection "is based on the premise that while Canadian law allows anyone to question the role of the monarchy in governing our country, officers have to shelve their beliefs and show loyalty to the Queen at events such as mess dinners, parades or Remembrance Day ceremonies, where they must salute for God Save The Queen."

It is clear what the federal court should do with respect to Capt. Chainnigh's suit. There are intellectually respectable reasons for arguing that Canada should become a republic. But to suggest that under current law the Queen is a foreign monarch is quite ridiculous. Even the most superficial reading of Canada's constitution makes this obvious. Section 9 of the Constitution Act, 1867 declares that executive authority over Canada is vested in the Queen. Section 17 provides that, along with the Senate and House of Commons, the Queen constitutes one of the three branches of Parliament. And, most pertinently of all, section 15 declares that the Queen is the Commander in Chief of the Canadian Forces.

Capt. Chainnigh's mistake is to confuse the freedom of conscience with the freedom of action. The fact is that, like every Canadian, Capt. Chainnigh is entitled to his own belief system. He is free to exercise his conscience at the ballot box to vote for candidates who are in favour of Canada becoming a republic. He is free to make a statement by changing his name to its Irish version. He is even free to resign his commission and to seek elected office himself, in order to better make the case for a republic. But as long as he wants the privilege of being able to describe himself as an officer (in Princess Patricia's Canadian Light Infantry, no less), it hardly seems harassment to expect him to acknowledge the plain terms of the constitution. It is not up to him, or to any member of the Canadian Forces for that matter, to pick and choose which provisions of the constitution he wants to uphold. As an old Chief Yeoman of mine once put it, once you take the Queen's shilling you have to take the rough with the smooth.

With the exception of the Monarchist League, many Canadian monarchists have fallen into the blunder of seeking to avoid confrontation by minimizing the constitutional centrality of the Crown in Canada. As much as Capt. Chainnigh might wish it otherwise, the bottom line is that ours is a thoroughly monarchical system of government. We are a constitutional monarchy to be sure, but we are a monarchy all the same. Those like him, who hold publicly-conferred office yet who deny or belittle our system of government, are themselves arguably behaving contemptuously of Canada and its institutions. Happily, both the Canadian Forces Grievance Board and Gen. Hiller seem to have been robust in their denial of Capt. Chainnigh's grievance. Now it will be interesting to see how staunchly the government of Canada is willing to defend the constitution.

14 comments:

Hugh MacIntyre said...

As a loyal anti-monarchist I actually have to agree with you on this one. The Queen is the official head of the Canadian military and that position should be respected. It should be changed but until a plurality of people can agree on that change there should be respect for our none-Canadian head of state.

The Monarchist said...

Loyal anti-monarchist? Are you suggesting that you are a republican, but so long as we choose to keep the monarchy, you'll remain loyal? I suppose that's fair enough.

Sir Walter Scott said...

Flog the Irish whelp.

Anonymous said...

Can't say as I've ever been a big reader of the National Post, however I agree whole heartedly with this article. It just goes to show, even with those in the military and government, the complete lack of understanding of the Canadian Constitution and way of life.

BaronVonServers said...

If he'll not do his Duty to Her Majesty the Queen of Canada, he should, at the very least, be dismissed from service. (And once he's no longer an officer in Her Majesty's Service, then perhaps the flogging should begin!).

redtown said...

When he accepted his commission, he took an oath of allegiance to the Queen and to the Constitution which affirms Elizabeth as “Queen of Canada”. If he can’t uphold his oath while on duty, he should resign his commission. No one is forcing him to salute the Queen.

But don’t be surprised if some activist judges find merit in his suit; the lunatics are running the asylum.

Splendor Sine Occasu said...

If he wants to be some kind of great Irish patriot, why doesn't he move there?

Bearhunter said...

"Flog the Irish whelp"
Heh, that's the British answer to everything, isn't it? But seriously, this guy's a sap. If he doesn't want to salute, let him quit the army. I never heard the like of it and I'm an avowed Republican. As for moving to Ireland, I assume he has no right of abode or citizenship there, if he is Canadian.

Roy Eappen said...

This guy need to resign his commision. If he wants to fight this battle let him do it on his own time. I wrote a letter to the National Post on the subject.

Younghusband said...

This guy's still around in the news?

Anonymous said...

MY SALUTE TO HERE MAJESTY QUEEN ELIZABITH AND MY SALUTE TO H.R.H PRINCE OF WALES PRINCE CHARLES AND THE BRITISH ROYAL FAMILY ,,,, MEY GOD BLESS THIM ALL AND BLESS HERE MAJESTY AND BLESS GREAT BRITAIN

MR- AIMAN A.A.ALEISSA

Anonymous said...

MY DAILY SALUTE TO HERE MAJESTY QUEEN ELIZABITH II MEY GOD BLESS HERE AND WATCH OVER HERE ,, AND DAILY SALUTE TO H.R.H PRINCE OF WALES AND H.R.H PRINCE ANDREW AND REST OF THE ROYAL BRITISH FAMILY
MEY GOD BLESS THE ROYAL BRITISH FAMILY AND MEY GOD BLESS GREAT BRITAIN AND MEY GOD BLESS THE BRITISH NATION AND PEOPLE

Anonymous said...

MY LOYALTY AND ROYAL SALUTE TO HER MAJESTY QUEEN ELIZABITH THE SECOND
MY LOYALTY AND ROYAL SALUTE TO HRH PRINCE OF WALES
MY ROYAL SALUTE TO HRH PRINCE ANDREW
AND ALL THE ROYAL BRITISH FAMILY
MEY GOD BLESS HER MAJESTY THE QUEEN
MEY GOD BLESS THE PRINCE OF WALES
MEY GOD BLESS ALL THE ROYAL BRITISH FAMILY
MEY GOD ALWAYS BLESS GREAT BRITAIN
AND THE BRITISH PEOPLE AND NATION

MR AIMAN A A A ALEISSA
A.AL-EISSA@HOTMAIL.COM

Anonymous said...

MY ROYAL SALUTE AND LOYALTY TO HER MAJESTY QUEEN ELIZABITH II
MY ROYAL SALUTE AND LOYALTY TO HRH PRINCE OF WALES
MY ROYAL SALUTE TO HRH PRINCE ANDREW
AND ALL THE ROYLA BRITISH FAMILY
MEY GOD BLESS HER MAJESTY AND WATCH OVER HER ALWAYS
MEY GOD BLESS HRH THE PRINCE OF WALES
MEY GOD BLESS ALL THE ROYAL BRITISH FAMILY
AND GOD ALWAYS BLESS THE BRITISH PEOPLE AND THE BRITISH NATION
AND THE BRITISH EMPIRE
MR AIMAN A A A ALEISSA
A.AL-EISSA@HOTMAIL.COM

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