A legal expert is challenging a 2022 Quebec law that removed the mandatory Oath of Allegiance to the King for members of the province’s National Assembly, claiming that the provincial government exceeded its constitutional authority. The challenge was submitted 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, directed at Quebec’s Bill 4, which was unanimously passed in December 2022, added a provision to the Constitution Act of 1867 stating 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) after several 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 in the country to eliminate the mandatory oath. It also asserts that the law contravenes Section 3 of the Canadian Charter of Rights and Freedoms, which guarantees the right to effective representation, as individuals who refuse the oath are deemed ineligible to serve as MNAs.
The lawsuit further contends that any laws enacted by a legislative assembly consisting of members who have not pledged allegiance could be invalidated, especially with the upcoming provincial election scheduled for Oct. 5. In an interview with CBC, David expressed his personal and professional motivations behind initiating the lawsuit, emphasizing the importance of adherence to constitutional rules by political and democratic institutions.
In response to the legal challenge, the office of Quebec Justice Minister Simon Jolin-Barrette stated its intention to defend the province’s authority to modify its own regulations, citing that a significant majority of Quebecers oppose the monarchy and that the amendments made respect the will of the Quebec nation. The office of the Minister of Justice and Attorney General of Canada declined to comment on ongoing legal matters before the courts.
Recently, the Supreme Court of Canada announced its decision to review a case regarding the constitutionality of requiring aspiring lawyers to pledge allegiance to the reigning monarch, following a ruling by Alberta’s top court that deemed such a requirement unconstitutional and a violation of religious freedom.