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 challenge was initiated in Quebec Superior Court in Montreal by the Public Interest Litigation Institute and its founder, Lawrence David, 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 and 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 lawsuit contends that Quebec needed the unanimous consent of the House of Commons, the Senate, and all provincial legislatures to eliminate the obligatory 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 individuals who do not take the oath are deemed ineligible to serve as an MNA.
With the upcoming provincial election set for October 5, the lawsuit raises concerns that any laws enacted by a legislative assembly composed of members who have not sworn allegiance could be invalidated. Lawrence David, in an interview with CBC, expressed personal and professional motivations for initiating the lawsuit, emphasizing the importance of political institutions adhering to constitutional regulations.
Quebec’s Justice Minister Simon Jolin-Barrette’s office has confirmed its intention to defend the province’s authority to amend its own regulations. The spokesperson highlighted that a majority of Quebecers oppose the monarchy, and the legislative change reflects the stance of the Quebec nation. The office of the Minister of Justice and Attorney General of Canada declined to comment on legal matters before the courts.
The Supreme Court of Canada recently 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 this requirement infringes on the Constitution and religious freedom.