A legal expert is challenging a Quebec law enacted in 2022 that eliminated the mandatory Oath of Allegiance to the King for members of the province’s National Assembly, arguing that the provincial government exceeded its constitutional authority. The challenge was lodged in Quebec Superior Court in Montreal by the Public Interest Litigation Institute and its founder, Lawrence David, who is a faculty member at the University of Ottawa’s law school. The lawsuit names the Attorney General of Quebec as the defendant and the Attorney General of Canada as an interested party.
The lawsuit targets Quebec’s Bill 4, which was unanimously passed in December 2022. This legislation amended the Constitution Act of 1867 by stating that legislators in Quebec 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) after some PQ members refused to pledge allegiance to King Charles III and were consequently prevented from taking their seats.
The legal action argues that Quebec needed the unanimous consent of the House of Commons, the Senate, and all provincial legislatures to eliminate the obligatory oath. It also claims that the law infringes on Section 3 of the Canadian Charter of Rights and Freedoms, which ensures the right to effective representation since politicians who refuse to take the oath are deemed ineligible to serve as an MNA.
The lawsuit raises concerns that laws passed by a legislative assembly composed of members who haven’t sworn allegiance could be invalidated, especially with the upcoming provincial election scheduled for October 5. Lawrence David, in an interview with CBC, expressed his personal and professional motivations for filing the lawsuit, emphasizing the importance of political and democratic institutions adhering to constitutional regulations.
In response to the legal challenge, the Quebec Justice Minister Simon Jolin-Barrette’s office affirmed its intention to defend Quebec’s authority to modify its own regulations. The spokesperson highlighted that a majority of Quebecers oppose the monarchy, and the legal modification reflects the stance of the Quebec nation. The office of the Minister of Justice and Attorney General of Canada declined to comment on ongoing legal matters.
Additionally, the Supreme Court of Canada recently announced its decision to review a case questioning the constitutionality of requiring aspiring lawyers to swear allegiance to the reigning monarch. Alberta’s highest court had previously ruled that this requirement violated the Constitution and impinged on religious freedoms.
