A legal expert is challenging a 2022 Quebec law that eliminated the compulsory Oath of Allegiance to the King for members of the province’s National Assembly, arguing that the provincial government exceeded its constitutional authority. The petition was submitted in Quebec Superior Court in Montreal on Monday by the Public Interest Litigation Institute and its founder, Lawrence David, a faculty member at the University of Ottawa’s law school. The lawsuit names the Quebec Attorney General as the defendant and the Canadian Attorney General as an interested party.
The legal action targets Quebec’s Bill 4, which was unanimously passed in December 2022. This legislation amended the Constitution Act of 1867 to state that Quebec legislators are no longer required to swear allegiance to the monarch. The bill was introduced by the Coalition Avenir Québec (CAQ) government in response to pressure from the separatist Parti Québécois (PQ), as several PQ members had refused to pledge loyalty to King Charles III and were consequently prevented from taking their seats.
The lawsuit contends that Quebec needed the unanimous consent of the House of Commons, the Senate, and all provincial legislatures to abolish the mandatory oath. It also asserts that the law violates Section 3 of the Canadian Charter of Rights and Freedoms, which guarantees the right to effective representation, as politicians who do not take the oath are deemed ineligible to serve as an MNA. Concerns are raised that laws passed by an assembly comprising members who have not pledged allegiance may be invalidated.
Lawrence David, in an interview with CBC, expressed personal and professional motivations for initiating the legal challenge, emphasizing the importance of political and democratic institutions adhering to constitutional protocols. Quebec’s Justice Minister, Simon Jolin-Barrette, has affirmed the province’s commitment to defending its right to modify internal regulations, citing widespread Quebecer opposition to the monarchy and the law’s alignment with the views of the Quebec nation.
The office of the Minister of Justice and Attorney General of Canada declined to comment on ongoing legal matters. The Supreme Court of Canada recently agreed to hear a case regarding the constitutionality of requiring aspiring lawyers to swear allegiance to the reigning monarch, following a ruling by Alberta’s top court in December that deemed such a requirement unconstitutional and a violation of religious freedom.