Charles Roach
Encyclopedia
Charles Roach is a Canada
-based civil rights
lawyer
and an activist in the Black community.
, the son of a trade union organizer, Roach arrived in Canada in 1955 as an aspiring priest to study at the University of Saskatchewan
. 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." He then studied law at the University of Toronto
and was called to the bar
in 1963.
in the 1960s, while also participating and organizing marches and demonstrations for equal rights. 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. In 1999, Roach went to Rwanda
to represent Hutu
journalist Mathieu Ngirumpatse against human rights abuse charges before the International Criminal Tribunal for Rwanda
.
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
.
(CCR) 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.
. 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
. 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."
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
. Roach's case was dismissed by the court in January 2009.
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
-based civil rights
Civil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...
lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
and an activist in the Black community.
Early life
Born in Trinidad and TobagoTrinidad and Tobago
Trinidad and Tobago officially the Republic of Trinidad and Tobago is an archipelagic state in the southern Caribbean, lying just off the coast of northeastern Venezuela and south of Grenada in the Lesser Antilles...
, the son of a trade union organizer, Roach arrived in Canada in 1955 as an aspiring priest to study at the University of Saskatchewan
University of Saskatchewan
The University of Saskatchewan is a Canadian public research university, founded in 1907, and located on the east side of the South Saskatchewan River in Saskatoon, Saskatchewan, Canada. An "Act to establish and incorporate a University for the Province of Saskatchewan" was passed by the...
. Roach was politicized by the civil rights movement
Civil rights movement
The civil rights movement was a worldwide political movement for equality before the law occurring between approximately 1950 and 1980. In many situations it took the form of campaigns of civil resistance aimed at achieving change by nonviolent forms of resistance. In some situations it was...
, stating: "after the '50s, I started being more political... This was the spirit of the times. I'm really from the civil-rights era." He then studied law at the University of Toronto
University of Toronto
The University of Toronto is a public research university in Toronto, Ontario, Canada, situated on the grounds that surround Queen's Park. It was founded by royal charter in 1827 as King's College, the first institution of higher learning in Upper Canada...
and was called to the bar
Bar association
A bar association is a professional body of lawyers. Some bar associations are responsible for the regulation of the legal profession in their jurisdiction; others are professional organizations dedicated to serving their members; in many cases, they are both...
in 1963.
Activism and law
Roach worked as a staff lawyer for the city of TorontoToronto
Toronto is the provincial capital of Ontario and the largest city in Canada. It is located in Southern Ontario on the northwestern shore of Lake Ontario. A relatively modern city, Toronto's history dates back to the late-18th century, when its land was first purchased by the British monarchy from...
in the 1960s, while also participating and organizing marches and demonstrations for equal rights. 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. In 1999, Roach went to Rwanda
Rwanda
Rwanda or , officially the Republic of Rwanda , is a country in central and eastern Africa with a population of approximately 11.4 million . Rwanda is located a few degrees south of the Equator, and is bordered by Uganda, Tanzania, Burundi and the Democratic Republic of the Congo...
to represent Hutu
Hutu
The Hutu , or Abahutu, are a Central African people, living mainly in Rwanda, Burundi, and eastern DR Congo.-Population statistics:The Hutu are the largest of the three peoples in Burundi and Rwanda; according to the United States Central Intelligence Agency, 84% of Rwandans and 85% of Burundians...
journalist Mathieu Ngirumpatse against human rights abuse charges before the International Criminal Tribunal for Rwanda
International Criminal Tribunal for Rwanda
The International Criminal Tribunal for Rwanda is an international court established in November 1994 by the United Nations Security Council in Resolution 955 in order to judge people responsible for the Rwandan Genocide and other serious violations of international law in Rwanda, or by Rwandan...
.
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
Black Action Defence Committee
The Black Action Defence Committee is a Canadian activist group founded by Dudley Laws, Charles Roach, Sherona Hall and Lennox Farrell with Laws as the group's chair. It was founded in 1988 in response to the killing of Lester Donaldson, which was the latest in a series of police shootings of Black...
.
Republican advocacy
Roach is a member of the executive committee of Citizens for a Canadian RepublicCitizens for a Canadian Republic
Citizens for a Canadian Republic is a not-for-profit Canadian organization founded in 2002 that advocates the replacement of the Canadian monarchy with a head of state who would either be chosen through a general election or elected by parliament...
(CCR) 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
Oath of citizenship (Canada)
The Oath of Citizenship, or Citizenship Oath , is a statement recited and signed by candidates who wish to become citizens of Canada...
, as it contains a promise to bear allegiance to the Canadian monarch. Roach swore allegiance to the Queen of Canada
Style of the Canadian sovereign
The title and style of the Canadian sovereign is the formal mode of address of the monarch of Canada. The form is based on those that were inherited from the United Kingdom and France, used in the colonies to refer to the reigning monarch in Europe...
twice before: once as a reservist in the 1950s, and again when he was called to the Bar.
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 FreedomsCanadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
. The Federal Court of Canada
Federal Court of Canada
The Federal Court of Canada was a national court of Canada that heard some types of disputes arising under the central government's legislative jurisdiction...
ruled against his motion to have the requirement to take the oath struck down, and his appeal to the Supreme Court
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
was dismissed.
In 2007, Roach again sued, this time as a class action
Class action
In law, a class action, a class suit, or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued...
. 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."
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
Ontario Superior Court of Justice
The Superior Court of Justice is the superior court of general jurisdiction for the Province of Ontario, Canada. It is the successor to the former Ontario Court of Justice , and was created on April 19, 1999...
. Roach's case was dismissed by the court in January 2009.