First Nations individuals born outside Canada who apply for formal Canadian citizenship must currently still take the Oath of Allegiance. While Immigration, Refugees and Citizenship Canada (IRCC) recently added wording to recognize Indigenous treaty rights, sovereignty challenges continue in Federal Court regarding border-crossing rights.
The relationship between Indigenous nations, the Canadian government, and international borders is deeply complex. For thousands of years before European colonization, Indigenous peoples moved freely across the land that is now divided by the Canada-United States border. Today, when an Indigenous person born in the USA attempts to formally settle in Canada, they are often pushed into the standard immigration system. This forces them to apply for Permanent Residency (PR) and eventually face the Citizenship Oath, which requires swearing allegiance to the British Crown.
For many First Nations individuals, swearing allegiance to the Monarch feels like a direct contradiction of their inherent Indigenous sovereignty. 📊 While the USA recognizes the Jay Treaty (allowing Canadian-born Native Americans free movement across the border), Canada has historically not codified this treaty into domestic immigration law in the same way. Consequently, Indigenous border-crossers looking to secure a Canadian passport must navigate a rigid IRCC system. This guide explores the current legal reality for Indigenous peoples facing the Canadian Citizenship Oath.
Step-by-Step Process for Indigenous Border-Crossers in Canada
Whether you are entering through a border community near Winnipeg, Vancouver, or Edmonton, navigating Canadian immigration as a non-citizen Indigenous person involves navigating a system built for traditional immigrants.
Step 1: Establishing Indigenous Ancestry and PR Status
Currently, being recognized as Indigenous in the USA does not automatically grant you Canadian citizenship. You must generally apply for PR status through standard IRCC pathways, such as family sponsorship or economic programs. 📋 However, landmark rulings like the Desautel case recognize certain non-citizen Indigenous peoples as “Aboriginal peoples of Canada” under Section 35 of the Constitution for hunting rights. Unfortunately, this has not yet translated into an automatic citizenship exemption.
Step 2: Reaching the Citizenship Ceremony
Once you meet the physical presence requirements as a PR, you must apply for citizenship, pass the test, and receive your ceremony invitation. At this stage, your law firm will advise you that the IRCC offers no formal statutory exemption for Indigenous applicants to skip the oath entirely.
Step 3: Reciting the Truth and Reconciliation Wording
While you cannot opt out, the oath itself was legally changed in 2021. In response to Call to Action 94 from the Truth and Reconciliation Commission (TRC), the Canadian government modified the oath. 🗣 You are now required to swear allegiance to King Charles III, but the oath also explicitly forces all new citizens to promise to “faithfully observe the laws of Canada, including the Constitution, which recognizes and affirms the Aboriginal and treaty rights of First Nations, Inuit and Métis peoples.”
Step 4: Signing the Final Declaration
Just like any other applicant, you must sign the Oath of Citizenship form to finalize the process. If an Indigenous applicant refuses to say the King’s name during the ceremony, the presiding official will halt the process, and citizenship will be denied. Many Indigenous advocates choose to take the oath to secure their passport and voting rights, while continuing to fight for sovereignty politically.
How Much Does the Process Cost in Canada?
Applying for citizenship involves federal fees, but fighting for border rights in court costs significantly more. Here are the estimated costs in CAD: 💵
| Immigration / Legal Service | Estimated Cost (CAD) |
|---|---|
| IRCC Adult Citizenship Application | $653 |
| Applying for a PR Card Renewal | $50 |
| Indigenous Law / Immigration Lawyer | $350 – $700+ per hour |
| Federal Court Charter Challenge | $15,000 – $50,000+ (often requires funding) |
How Long Does the Process Take?
Standard IRCC processing for a citizenship application takes roughly 10 to 15 months across Canada. 🕓 However, the broader legal battle regarding Indigenous border-crossing rights and citizenship exemptions is ongoing. Legislative changes to fully harmonize Canadian immigration law with the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) could take several more years of parliamentary debate and Supreme Court rulings.
Frequently Asked Questions (FAQ)
Does Canada recognize the Jay Treaty for citizenship?
No. While the USA uses the Jay Treaty to allow Canadian-born Indigenous people to live and work in America, the Supreme Court of Canada previously ruled that the Jay Treaty was never properly ratified into Canadian domestic law, making cross-border immigration much harder coming north.
Can I use my tribal ID to become a Canadian citizen?
No. A tribal ID or status card from a US-recognized tribe is not currently a substitute for the formal IRCC Permanent Residency and Citizenship process. You must still meet standard federal immigration requirements.
What was the TRC Call to Action 94?
Call to Action 94 urged the government to replace the Citizenship Oath with wording that forces all new Canadians to swear to respect the treaties between the Crown and Indigenous peoples. This became law in 2021.
Will they ever remove the King from the oath?
Changing the requirement to swear allegiance to the Monarch would require a constitutional amendment, which requires the agreement of the federal government and all ten provinces. It is a highly complex political process that is not likely to happen soon.
If I am a registered Indian in Canada, do I take the oath?
If you were born in Canada, you are automatically a Canadian citizen by birth right. The Citizenship Oath is only required for foreign-born individuals going through the naturalization process.
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