RMC Officer Sues to Avoid Saluting, Toasting Queen?

[The Bread Guy]

Shared in accordance with the "fair dealing" provisions, Section 29, of the Copyright Act - http://www.cb-cda.gc.ca/info/act-e.html#rid-33409

Officer fights military over salute, toast to the Queen
Says public displays of loyalty are 'degrading' 
Glen McGregor, Ottawa Citizen, 24 Oct 06
http://www.canada.com/components/print.aspx?id=002801b5-660e-433d-9631-a2405b815f6e&k=58362

An officer in the Canadian Forces is suing Canada's top soldier over a "degrading" policy that requires members of the military to toast the Queen and salute during the anthem, God Save the Queen.

Capt. Aralt Mac Giolla Chainnigh, an associate professor of physics at the Royal Military College in Kingston, wants a court to overturn the requirement for members of the Canadian Forces to publicly display their loyalty to the monarchy.

"It's a situation of institutional harassment that members of Canadian Forces be obliged to toast the Queen of Canada at regimental dinners," he said.

"To fail to do so would be interpreted as disloyalty, which could carry up to nine years imprisonment."

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.

"You might, as a military officer, wish to express your unity with those who served Canada during a particular war, but have the obligation to recognize a foreign monarch as having a situation of authority over the Canadian armed forces."

He also objects to the fact officers are required to show respect to the Union Jack.

He argues in his claim that the requirement to publicly express allegiance contrary to one's belief is degrading to an individual.

Capt. Mac Giolla Chainnigh-- who legally changed his name from Harold Kenny to its Irish spelling -- says he signed up for the Canadian Forces to serve Canada, not a "foreign monarch." He was 16 years old when he enlisted and begrudgingly swore loyalty to the Queen.

The oath requires new members to swear they will be "be faithful and bear true allegiance to her Majesty, Queen Elizabeth the Second, Queen of Canada"

The allegiance is paid to the Queen as head of state, not as head of the Canadian military. The governor general, as the Queen's representative in Canada, is the commander-in chief of the Canadian Forces.

He has been fighting the policy within the military grievance system for the past five years. In May, the Canadian Forces Grievance Board rejected his complaint, saying his description of the toast to the Queen as "royalist symbolism" showed a fundamental lack of understanding of the way Canada is governed.

"The inclusion of the Queen at CF events is not just hollow pomp and ceremony; it is an acknowledgment of Canada's Head of State," the board ruled.

The National Defence Act says the Canadian Forces are "the armed forces of Her Majesty raised by Canada," the decision notes and therefore, the loyalty requirement does not violate anyone's constitutional rights. Had Capt. Mac Giolla Chainnigh objected when he first swore the oath in 1978, he would never have been enrolled, the board ruled.

He appealed the decision to Chief of Defence Staff Gen. Rick Hillier, who rejected it in August, writing that he saw no reason why "showing respect to our Head of Sate is anything but proper and lawful."

Earlier this month, Capt. Mac Giolla Chainnigh filed an application with the Federal Court to reverse Gen. Hillier's decision. The Department of National Defence declined to comment on a case before the court, but a spokesman confirmed the requirement.

"God Save the Queen is, of course, a national anthem and because the Queen is our head of state, we always salute," said Lieut. Adam Thomson.

Military historian Jack Granatstein said the complaint raises a debatable point, but one better addressed when a Canadian Forces member first takes the oath.[/b]

"It's actually a question of substantial principle, but he should have worked out that question of conscience when he enlisted," he said.

Capt. Mac Giolla Chainnigh named Gen. Hillier, the grievance board, the federal government and others as respondents in Federal Court.

None have yet filed a response.

 

[niner domestic]

Oh my, this is certainly an example of recreational litigation if I ever saw one.  I have huge issues with anyone presenting to the courts frivolous and vexatious statements of claims but I have an even bigger issue that this individual holds a position at RMC and retains a commission.  All I can say, is Heat/Kitchen/Out. 

God save the Queen!

 

[Remius]

+1

He should of thought of all this prior to joining.

 

[Bruce Monkhouse]

Lets see,
......a fully grown adult has nothing better to do with his time than waste that of many others who surely have REAL issues to deal with??

Something I would expect from my inmates who think the world revolves around them, not from someone with a real job, and especially one teaching our future leaders.

 

[vonGarvin]

I feel like Peter Griffin "This really grinds my gears". 
This guy is a Captain, right?  So, he's got a commission from, wait, let me think about this....Her Majesty Elizabeth the Second, Queen of Canada?  I think he should do as he says and send his commission BACK to her.

 

[Bigmac]

   This falls under the WTF category?? He is moulding the minds of future officers at RMC and he does not want to toast the queen? He changed his name so perhaps he should also change careers if he does not wish to recognize military traditions.

   What are your views on this?

 

[Haggis]

Resign.

Now, clean out your desk and get out.  This loyal soldier will escort you off the Queen's land.

Leave the CF off your resumé when you apply for your next job.

 

[Michael OLeary]

A reminder to those who find this offensive - http://forums.army.ca/forums/threads/51970.0.html

 

[niner domestic]

In doing a cursory search for evidence of this person's academic contribution there are a few sites where his name appears, 2 of which having him attending a conference but not presenting or even submitting any abstracts. There are however, numerous hits on his efforts to raise the awareness of Irish language in the Limestone City and elsewhere, all contact information is using his RMC account.  (now correct if I'm in error, but the last time I looked, using an employer's internet service for non-work related communication was frowned upon.)

I can't possibly see how RMC (if they had to) could profess his challenge to the Courts was protected under academic freedom (there has to be a nexus and unless he's teaching a physics course in Gaelic that involves not having to use energy on a salute as it screws with the big bang theory - then there is no nexus for academic freedom.) I shall be writing to Principal Cowan my displeasure at retaining this individual on staff and wthdrawing my annual donation to the Ex-cadet club.  

Since it's been a while since I've done any recreational litigation myself, I'm going to file as an intervenor in his case.  

 

[keaner]

Career...STOP.

 

[George Wallace]

Here we go again.  Just last year we had that wing-nut Atheist refusing to remove his headdress for Remembrance Services.  He too was an officer.  Now we have another, a teacher at RMC at that, pulling off a similar stunt.  These guys obviously must be ill-employed and have too much free time on their hands, to come up with these petty grievances.  They should be drummed out of the Forces and given Dishonourable Releases and no Severance or Pension packages.  They are a disgrace to the Uniform that they are wearing and the Oath that they took.

Having attained the rank of Capt, this guy has defrauded the Government for all these years, accepting the pay and benefits of the CF, all the while paying lip service to the oath that he took.  As he places no value on the Oath he swore, we can no longer place any value on his word, nor his work ethic.

After all these years he wants to file a grievance, but he does not properly understand the hierarchy and organization of the CF.  Obviously he has not completed any of the OPDP/OPME Crses.  He, as an associate professor of physics, is so smart he is stupid.   Time to put him out on the 'Street' where he can learn some 'Street Smarts' and either live a productive Civilian Life or become the failure he seems to be setting up as his future in the military.  Perhaps this is his scheme.  A scheme to be ejected from the CF before his obligations are over, and be heavily compensated for his troubles, or at the very least not have to pay for his education and Obligatory Service.

I guess "Truth, Duty and Valour" really means nothing to a lot of the younger graduates of RMC.  And some want to shorten the Enhanced Reliability Screening.  Time to really start asking people what they believe, before we allow them to progress to this state.

 

[Sig_Des]

This is awesome...I felt the urge to puke this morning, and this helped me out greatly.

I agree that this should have been brought up when he originally joined. If it offends his sense of propriety so badly, he should resign his commission. I personally wouldn't want to follow this much ot a barracks lawyer anywhere.

 

[FredDaHead]

"It's a situation of institutional harassment that members of Canadian Forces be obliged to toast the Queen of Canada at regimental dinners," he said.

"To fail to do so would be interpreted as disloyalty, which could carry up to nine years imprisonment."

I'm no lawyer (though I've been accused of being a barracks lawyer...) but wouldn't suing so you're allowed to do something that would count as disloyalty kinda, well, disloyal? Is there any chance our good Captain will get charged under paragraph 94 of the NDA (or the relevant paras out of the QR&O and any other relevant paras out of the NDA, whichever)?

I guess "Truth, Duty and Valour" really means nothing to a lot of the younger graduates of RMC.  And some want to shorten the Enhanced Reliability Screening.  Time to really start asking people what they believe, before we allow them to progress to this state.

This is something I've noticed, and I'm here myself. I can't imagine how bad it looks to you guys on the outside...

 

[Haggis]

A reminder to those who find this offensive - http://forums.army.ca/forums/threads/51970.0.html

Yes, I find this offensive.  It is his actions I find offensive.  He may be a really nice guy but he DID swear his allegiance.  He LIVED and WORKED under that oath and took the Queens shiiling for it without a hint of regret.  

He has breached his contract with Her Majesty.

THAT is offensive.

 

[niner domestic]

Here's the blurb that RMC sets out on its webpage, perhaps this person requires a review. 

Your Goal -
An Officer in the Canadian Armed Forces
As an officer cadet at RMC, your ultimate objective is to be commissioned as an officer in the Canadian Forces. The professional development and the training you will receive at RMC and at Canadian Forces Schools will prepare you for your diverse responsibilities as a junior officer. Fundamentally, you must demonstrate at RMC the capacity, the competence and the courage to command and lead in an operational theatre, and to look after the lives of your personnel. You must master these principles that Canadian Forces officers use when serving Canada and when performing their command, leadership and other duties:

Lead by personal example and place your concerns, well being and comfort after those of your subordinates. You motivate, train and develop those for whom you are responsible.
Demonstrate pride in and loyalty to Canada and to the Canadian Forces' leaders, units, personnel and uniform.
Conduct yourself with honour, honesty and integrity in all of your activities. Base your decisions on solid moral and ethical values. Allow no discrimination, ill treatment or cruelty, and welcome the strength that diversity brings. Ensure that the activities of your unit and the actions of your personnel are in accordance with the regulations of the Canadian Forces and the Code of service discipline.
Be professional and continually improve your competence as a leader through education, training, experience and self-improvement. In combat, fight to win and demonstrate skill, imagination, courage and fortitude. Discharge all your duties in compliance with the regulations and orders of the Canadian Forces, the laws of armed conflict and the appropriate international conventions.
Respect and uphold the customs and traditions of the Canadian Forces and of your branch. Honour the memory of those who fought for the freedom of Canada.
Believe in Canada. You believe in the rule of law, and in the Canadian Forces as an instrument of the Government of Canada and as representatives of all that is best in Canadian society.
Lead the men and women of the Canadian Forces. This is your most fundamental responsibility. It may occur under the most hazardous and demanding circumstances, and may threaten the lives of you and your people. Duty and readiness for risk are at the core of your responsibilities.
Guided by these fundamental principles, you pledge to act ethically and carry out your duties with :

Loyalty: You will be loyal and faithful to your subordinates, superiors and peers;
Honesty: You act with integrity, truth and candour at all times;
Courage: You face all challenges with determination, and strength of character;
Diligence: You will carry out your duties with dedication, perseverance and competence while striving for excellence.
Fairness: You treat everybody justly, equitably and without prejudice;
Responsibility: You fully accept assigned responsibilities and the consequences of your actions.
As an officer cadet you must strive to reach this level of professionalism.

TRUTH, DUTY, VALOUR!

http://www.rmc.ca/military/goal_e.html

 

[mover1]

Ahh progress and tradition, when the two meet it makes one big funfest for everybody.

 

[I_am_John_Galt]

1.  Leave.
2.  Now.
3.  Really.

 

[old medic]

The top two threads here this morning, this one and http://forums.army.ca/forums/threads/52192.0.html
the one with Mr. Dorn's comments are certainly helping put RMC's reputation in league with The Tampa School of Correspondence.

 

[armyvern]

Ladies and Gentlemen, "The Queen."

 

[Grunt_031]

Queen's Regulations and Orders might sort him out!