A legal expert is aiming to overturn a recent 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 lodged 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 identifies the Attorney General of Quebec as the defendant and the Attorney General of Canada as an involved party.
This legal action targets Quebec’s Bill 4, which was unanimously passed in December 2022. The legislation amended the Constitution Act of 1867 to specify that Quebec lawmakers are no longer required to pledge allegiance to the monarch. The bill was introduced by the Coalition Avenir Québec (CAQ) administration in response to pressure from the separatist Parti Québécois (PQ) party, as several PQ members had declined to take the oath to King Charles III and were consequently barred from their seats.
The lawsuit contends that Quebec needed the unanimous approval of the House of Commons, the Senate, and all provincial legislatures to eliminate the mandatory oath. It further alleges that the law contravenes Section 3 of the Canadian Charter of Rights and Freedoms, which ensures the right to effective representation, as lawmakers who do not take the oath are deemed ineligible to serve as MNAs. With a provincial election slated for October 5, the lawsuit argues that any legislation passed by an assembly comprising members who have not sworn allegiance could be invalidated.
In an interview with CBC, David explained that his motivation for the lawsuit stems from personal and professional reasons. “I’m a lifelong Montreal resident, with numerous family ties in the city,” he stated. “It is crucial for political and democratic institutions to adhere to constitutional protocols.”
Quebec’s Justice Minister Simon Jolin-Barrette’s office responded to the legal challenge, expressing intent to uphold the province’s right to amend its regulations. A spokesperson for the minister emphasized that a significant majority of Quebec residents oppose the monarchy and that the legislative change aligns with the sentiments of the Quebec nation. The federal Minister of Justice and Attorney General’s office declined to comment on ongoing legal matters.
Recently, the Supreme Court of Canada announced its decision to review a case regarding the constitutionality of requiring aspiring lawyers to swear allegiance to the reigning monarch. A ruling by Alberta’s top court in December found this requirement unconstitutional and a violation of religious freedoms.