Glen McGregor, CanWestNews Service
Ottawa Citizen, Tuesday, October 24
OTTAWA - A Canadian Forces officer 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 the Save the Queen.
Capt. Aralt Mac Giolla Chainnigh, an associate professor of physics at the Royal Military College in Kingston, Ont., wants a court to overturn the requirement for Forces members to publicly display their loyalty to the British monarchy.
''It's a situation of institutional harassment that members of Canadian Forces be obliged to toast the Queen of Canada at regimental dinners,'' says Mac Giolla Chainnigh, who also objects officers being required to show respect to the Union Jack. ''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 (not) ... the obligation to recognize a foreign monarch as having a situation of authority over the Canadian Armed Forces.''
He argues in his claim that the requirement to publicly express allegiance contrary to one's belief is degrading to an individual.
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.
Mac Giolla Chainnigh 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.
He appealed the decision to Gen. Rick Hillier, the chief of the defence staff, who rejected it in August, writing that he saw no reason why ''showing respect to our head of state is anything but proper and lawful.''
Earlier this month, Mac Giolla Chainnigh filed an application with the Federal Court to reverse Hillier's decision, naming Hillier, the grievance board, the federal government and others as respondents. None has yet filed a response.