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Capt. Chainnigh (Kenny) is back in the news today, persueing his case against HM Queen Elizabeth II.
Fair Dealings...subscription (perhaps) required:
http://www.canada.com/nationalpost/news/editorialsletters/story.html?id=7c9d1b0e-7522-4043-ac41-2316b5351e3e
Keep saluting our Queen
Ian Holloway
National Post
Tuesday, March 20, 2007
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.
- Ian Holloway is the dean of law at the University of Western Ontario. He is currently on sabbatical leave as a visiting professor at the National University of Singapore. He is a former chief petty officer in the Canadian Naval Reserve.
Ihollowa@uwo.ca
Article Ends, Emphasis mine.
This "Gentleman" has taken his grievance to the Federal Court, in the hopes of winning his case as a matter of institutional harrasment against non-monarchists. I truly hope that the Federal Court shows the wisdom that Prof. Holloway (CPO Ret'd) has displayed here.
DF
Fair Dealings...subscription (perhaps) required:
http://www.canada.com/nationalpost/news/editorialsletters/story.html?id=7c9d1b0e-7522-4043-ac41-2316b5351e3e
Keep saluting our Queen
Ian Holloway
National Post
Tuesday, March 20, 2007
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.
- Ian Holloway is the dean of law at the University of Western Ontario. He is currently on sabbatical leave as a visiting professor at the National University of Singapore. He is a former chief petty officer in the Canadian Naval Reserve.
Ihollowa@uwo.ca
Article Ends, Emphasis mine.
This "Gentleman" has taken his grievance to the Federal Court, in the hopes of winning his case as a matter of institutional harrasment against non-monarchists. I truly hope that the Federal Court shows the wisdom that Prof. Holloway (CPO Ret'd) has displayed here.
DF
