this post was submitted on 22 Nov 2024
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Summary

Dawson City in Canada is facing a crisis as the new mayor and councillors won’t take the required oath of allegiance to King Charles.

They refused in support of an Indigenous councillor who opposes the oath due to the Crown’s history with Indigenous people.

Without the oath, their election could be canceled, and they can’t make official decisions.

The council has asked for a different oath, but Yukon law requires the pledge. Authorities are now looking into the situation.

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[–] BenVimes@lemmy.ca 35 points 16 hours ago (3 children)

I am only a Canadian, and not a Canadian lawyer, but I don't think it will be as simple for Yukon. The biggest reason I can think of is that Yukon is a territory, and not a province, and so has different constitutional standing. From the government webpage:

There is a clear constitutional distinction between provinces and territories. While provinces exercise constitutional powers in their own right, the territories exercise delegated powers under the authority of the Parliament of Canada.

I'm not saying it isn't possible, just that the same legal maneuvers Quebec used may not be applicable.

[–] Enkers@sh.itjust.works 3 points 9 hours ago (2 children)

Also, doesn't Québec have some special considerations above the rest of the provinces? I seem to recall we deigned them a 'nation within a nation' or some such back in the mid 00's. I'm not sure if there were any legal ramifications to that, though.

[–] BenVimes@lemmy.ca 4 points 9 hours ago (1 children)

They might, but I can't say for certain. I didn't mention it because, again, I'm not a Canadian lawyer, and the basic info on provinces vs territories was far more accessible.

[–] HellsBelle@sh.itjust.works 2 points 5 hours ago

Quebec law is unique in Canada because Quebec is the only province in Canada to have a juridical legal system under which civil matters are regulated by French-heritage civil law. Public law, criminal law and federal law operate according to Canadian common law.

https://en.m.wikipedia.org/wiki/Quebec_law