A legal expert is aiming to invalidate a 2022 Quebec law that eliminated the compulsory Oath of Allegiance to the King for members of the province’s National Assembly, asserting that the provincial government exceeded its constitutional authority. The challenge was officially submitted in Quebec Superior Court in Montreal by the Public Interest Litigation Institute and its founder, Lawrence David, who is affiliated with the University of Ottawa’s faculty of law. The lawsuit targets Quebec’s Bill 4, which was unanimously passed in December 2022, amending the Constitution Act of 1867 to specify that Quebec legislators are no longer required to swear allegiance to the monarch. The bill was introduced by the Coalition Avenir Québec (CAQ) government following pressure from the separatist Parti Québécois (PQ) due to several PQ members declining to pledge allegiance to King Charles III and subsequently being barred from their seats.
The legal action contends that Quebec needed consent from the House of Commons, the Senate, and all provincial legislatures across the country to abolish the mandatory oath. Furthermore, it alleges 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. Ahead of the upcoming provincial election on Oct. 5, the lawsuit argues that laws passed by an assembly composed of members who have not sworn allegiance could be invalidated. In an interview with CBC, David cited personal and professional motivations for filing 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 challenge, affirming the province’s intention to defend its authority to modify its own regulations. The office highlighted that a significant majority of Quebec residents oppose the monarchy and that the legislative change aligns with 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. Recently, the Supreme Court of Canada announced its decision to review a case concerning the constitutionality of requiring aspiring lawyers to swear allegiance to the reigning monarch. Alberta’s highest court ruled in December that such a requirement in the province violates the Constitution and encroaches on religious freedoms.