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Tony O'Donohue V. The Queen - The court challenge to repeal the 1701 Act of Settlement in Canada What a terrible insult the Act of Settlement is to the Canadian people, with such discrimination rooted in a three hundred year old law that is offensive and demeaning. I have often wondered how such blatant discrimination, which undermines basic human rights, can still be enshrined in law and still applies in Canada as well. Imagine the head of state of Canada, by English law, cannot be a Catholic! It speaks volumes about the foundations of our country and our inability to cope with the very basics of democracy. And it questions our maturity as a nation and how we can exist with such imported intolerance at the very fabric of nationhood". ~ Tony O’Donohue, excerpted from Front Row Centre - A perspective on Life, Politics and the Environment What is The Act of Settlement and why should Canadians be concerned about it? The archaic British legislation was enacted in 1701 to restrict the throne to Protestants. Inherited by Canada in 1867, it to this day legislatively prevents Roman Catholics, Jews, Hindus, Muslims or anyone not a Protestant from becoming Canada’s head of state. (In Canada, Queen Elizabeth II is the head of state while the Prime Minister is the head of government.) O'Donohue, who's fighting the legislation in court, feels that it's not only a personal affront to him as a Roman Catholic but, by restricting Canada's head of state to only members of one particular religious sect, it's also a flagrant contravention of Canadian law. Section 15(1) of The Charter of Rights and Freedoms expressly forbids discrimination on the basis of "race, national or ethnic origin, colour, religion, sex, age or mental or physical disability". "The Act of Settlement has stained our Constitution. You can’t have the Charter on one side and the Act of Settlement on the other, says O'Donohue. The federal government, which surprisingly does not dispute the discriminatory nature of the legislation, is defending it on the grounds that O’Donohue is not in line to the throne and thus, has no standing to proceed with legal action. In fact, the Crown contends, since no Canadian is eligible to contest the throne, Canada’s constitution is not being compromised. Among Mr. O'Donohue's many supporters in legal action against the legislation is Citizens for a Canadian Republic. "If we value our constitutional rights in this country, this can’t be allowed to succeed", says Tom Freda, National Director of the non-profit organization". "The mere fact that the bigoted act is law in Canada is completely out of step with Canadian sensibilities and to accept it as such, regardless of whether there’s an immediate victim, is completely reprehensible. Despite the questionable logic that it’s OK for Canada’s head of state to be exempt from our Charter of Rights and Freedoms, Canada’s reputation as a tolerant, progressive nation is at stake." Citizens for a Canadian Republic was recently denied status as an intervener in the case. W ant to support Tony O'Donohue in his legal action? Simply check this website for updates on court hearings and other news or contact tonyodonohue@yahoo.com
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