A legal expert is pushing to invalidate a 2022 Quebec law that eliminated the compulsory Oath of Allegiance to the King for members of the province’s National Assembly, contending that the provincial government exceeded its constitutional authority. The challenge was lodged in Quebec Superior Court in Montreal on Monday 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 passed unanimously in December 2022, amending the Constitution Act of 1867 to remove the requirement for Quebec legislators to pledge allegiance to the monarch.
The legislation was introduced by the Coalition Avenir Québec (CAQ) administration following pressure from the separatist Parti Québécois (PQ) after several PQ members refused to swear allegiance to King Charles III and were subsequently barred from their seats. The lawsuit contends that Quebec needed the unanimous consent of the House of Commons, the Senate, and all provincial legislatures in the country to abolish the mandatory oath. Additionally, it alleges that the law contravenes 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 MNAs.
The lawsuit raises concerns that laws enacted by a legislative assembly comprising members who do not pledge allegiance could be invalidated, particularly with the upcoming provincial election scheduled for Oct. 5. Lawrence David, in an interview with CBC, expressed his personal and professional motivations for filing the lawsuit, emphasizing the importance of political institutions adhering to constitutional rules.
Quebec’s Justice Minister Simon Jolin-Barrette’s office stated that it is aware of the legal action and intends to defend the province’s authority to modify its own regulations, citing the widespread rejection of the monarchy by a majority of Quebecers. The minister’s spokesperson, Élisabeth Gosselin, affirmed that the changes made respect the stance of the Quebec nation and emphasized their commitment to upholding Quebec’s constitutional rights. A spokesperson for the office of the Minister of Justice and Attorney General of Canada declined to comment on matters before the courts in response to the legal challenge.
Meanwhile, the Supreme Court of Canada announced its intention to hear a case addressing the constitutionality of requiring aspiring lawyers to swear allegiance to the reigning monarch, following a ruling by Alberta’s top court in December that deemed the practice unconstitutional and a violation of religious freedoms.