Alberta’s top court has ruled a requirement that lawyers inthe province swear an oath to the King of England – who remains the official head of state for Canada – is unconstitutional, thanks to a legal challenge from a Sikh lawyer.

A 2022 challenge from lawyer Prabjot Singh, a respected Sikh community spokesperson and geopolitical analyst, finally yielded a victorious conclusion, when an Alberta Court of Appeal decision on 16th December said the requirement should be either removed or amended.

In 2022 after passing the bar to be a lawyer Prabjot Singh argued being forced to make an oath to the King of England violated his religious freedoms as a Sikh. He subsequently sued the Alberta government and provincial law society for his right to practice freely as a Sikh. In 2023 this challenge was dismissed but last week a three-judge panel concluded that Court of King’s Bench Justice Barbara Johnston made “palpable and overriding errors” in that previous ruling. Chief Justice Ritu Khullar, Justice Bernette Ho and Justice Joshua Hawkes unanimously agreed. They outlined three options for government to address what they called a “constitutional defect”: Do away with the oath entirely, make it optional or amend its wording. Alberta remains the only Canadian province to require such pledges for certain roles.

Prabjot Singh said that as a Sikh – specifically as an Amritdhari (initiated) Sikh – he has already pledged loyalty to Akaal Purakh (a Sikh term for God/divinity/The One) and thus cannot also make an oath to the King of England in a similar manner. With others – such as those of Canadian indigenous background – also having fought against making the pledge, Prabjot Singh was delighted to be able to help people of all backgrounds practice law freely.

“Now, to be in a position where I was able to contribute to actually making a change and fighting against an archaic law like the oath of allegiance, to the point where nobody else is going to be put in my position again, is incredibly gratifying,” he said.

Journalist Mandeep Singh exclusively talks to Prabjot Singh for Sikh Siyasat. Listen this interview and share with others.