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, claiming that the provincial government exceeded its constitutional authority. The lawsuit 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 targets Quebec’s Bill 4, which was unanimously passed in December 2022. The bill amended the Constitution Act of 1867 to state that Quebec legislators are no longer required to swear allegiance to the monarch.
The legislation was introduced by the Coalition Avenir Québec (CAQ) government following pressure from the separatist Parti Québécois (PQ) after several PQ members refused to pledge allegiance to King Charles III and were consequently barred from taking their seats. The legal challenge argues that Quebec needed the consent of the House of Commons, the Senate, and all provincial legislatures to abolish the mandatory oath. It also contends 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 considered ineligible to serve as MNAs.
The lawsuit raises concerns that any laws passed by a legislative assembly comprising members who have not sworn allegiance could be invalidated, especially with the upcoming provincial election on Oct. 5. Lawrence David, in an interview with CBC, highlighted both personal and professional motivations for initiating the lawsuit, emphasizing the importance of political and democratic institutions adhering to constitutional regulations.
Quebec’s Justice Minister Simon Jolin-Barrette’s office responded to the legal action, affirming the province’s intention to defend its authority to modify internal regulations. The minister’s spokesperson, Élisabeth Gosselin, emphasized that the majority of Quebecers oppose the monarchy, and the legislative change reflects the sentiments of the Quebec nation. The ministerial office of the Attorney General of Canada declined to comment on the matter, citing ongoing legal proceedings.
The Supreme Court of Canada recently announced its decision to hear a case regarding the constitutionality of requiring aspiring lawyers to swear allegiance to the reigning monarch. Alberta’s highest court previously ruled that such a requirement violates the Constitution and encroaches on religious freedoms.