Charles Roach

Charles Roach

Charles Roach (born c. 1934) is a Canada-based civil rights lawyer and an activist in the Black community.

Contents

Early life

Born in Trinidad and Tobago, the son of a trade union organizer, Roach arrived in Canada in 1955 as an aspiring priest to study at the University of Saskatchewan.[1] Roach was politicized by the civil rights movement, stating: "after the '50s, I started being more political... This was the spirit of the times. I'm really from the civil-rights era."[1] He then studied law at the University of Toronto and was called to the bar in 1963.[citation needed]

Activism and law

Roach worked as a staff lawyer for the city of Toronto in the 1960s, while also participating and organizing marches and demonstrations for equal rights.[1] He opened his own law practice in 1968; among his clients were Black Panthers attempting to seek refuge in Canada from prosecution in the United States, and other asylum seekers. He also represented domestic workers being deported in the 1970s. He also became a vocal critic of the police, accusing them of racism.[2] In 1999, Roach went to Rwanda to represent Hutu journalist Mathieu Ngirumpatse against human rights abuse charges before the International Criminal Tribunal for Rwanda.[3]

Through his work, Roach became a leading figure in Toronto's Black community. He was a founder of the Caribana festival, serving as its first chair. Roach further established the Movement of Minority Electors in 1978 to encourage non-whites to enter electoral politics and was a founding member of the Black Action Defence Committee.[2]

Republican advocacy

Roach is a member of the executive committee of Citizens for a Canadian Republic (CCR) [4] and has commented publicly on his desire to end the Canadian monarchy. He is a permanent resident of Canada, not obtaining Canadian citizenship because of his refusal to swear the Oath of Citizenship, as it contains a promise to bear allegiance to the Canadian monarch. Roach swore allegiance to the Queen of Canada twice before: once as a reservist in the 1950s, and again when he was called to the Bar.[5]

Litigation

In 1992, Roach sued in Canadian federal court that the oath for new citizens, requiring an oath to the Queen of Canada, was a violation of the Canadian Charter of Rights and Freedoms.[5] The Federal Court of Canada ruled against his motion to have the requirement to take the oath struck down, and his appeal to the Supreme Court was dismissed.

In 2007, Roach again sued, this time as a class action.[5] On May 17, 2007, Justice Edward Belobaba of the Superior Court of Justice ruled that Roach can proceed with the lawsuit, dismissing a Crown motion to have the action quashed as frivolous and vexatious, but elaborating, "I'm not suggesting that many of these arguments will necessarily succeed, when the application is heard on the merits, only there is a chance that it may succeed."[6][7]

On February 19, 2008, the appeal by the federal government was dismissed by judges at the Court of Appeal for Ontario and the case went before the Ontario Superior Court of Justice.[8] Roach's case was dismissed by the court in January 2009.[9]

References

  1. ^ a b c Cotroneo, Christian (2005-12-19). "In pursuit of 'greatness': Four local black mentors recognized for their years of grassroots effort in the community". Toronto Star. 
  2. ^ a b Kopun, Francine; Toronto Star: He says nay to the Queen; May 11, 2007
  3. ^ Now Magazine: Charles Roach goes to Rwanda; March 11, 1999
  4. ^ [1]
  5. ^ a b c Brean, Joseph; National Post: Immigrant takes oath of allegiance to court; May 9, 2007
  6. ^ CBC News: Lawyer allowed to challenge citizenship oath; May 18, 2007
  7. ^ Gombu, Phinjo; Toronto Star: Lawyer cleared to challenge loyalty oath to the Queen; May 18, 2007
  8. ^ Roach v. Canada, 2008 ONCA 124 (CanLII)
  9. ^ Roach v. Canada (Attorney General), 05-CV-301832 CP (Ontario Superior Court 23 January 2009).

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