A legal expert is moving to challenge a recent Quebec law that eliminated the mandatory Oath of Allegiance to the King for members of the province’s National Assembly, arguing that the provincial government exceeded its constitutional authority. The legal action was initiated 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 names the Attorney General of Quebec as the respondent and the Attorney General of Canada as an interested party.
The legal challenge is directed at Quebec’s Bill 4, which was unanimously passed in December 2022. This legislation amended the Constitution Act of 1867 to specify that Quebec legislators are no longer required to pledge allegiance to the monarch.
The bill was introduced by the Coalition Avenir Québec (CAQ) government in response to pressure from the separatist Parti Québécois (PQ) after several PQ members refused to swear allegiance to King Charles III and were subsequently 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 in the country to abolish the mandatory oath. It also asserts that the law contravenes 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 seen as ineligible to serve as MNAs.
With the upcoming provincial election scheduled for October 5, the lawsuit raises concerns that any laws passed by an assembly comprising members who have not pledged allegiance might be invalidated.
In an interview with CBC, David stated that his decision to file the lawsuit was driven by personal and professional motivations. “I’m a lifelong Montrealer with many relatives in the city,” he remarked. “It is imperative for political and democratic institutions to adhere to constitutional regulations.”
Quebec’s Justice Minister Simon Jolin-Barrette’s office has confirmed its intention to uphold the law and defend the province’s right to modify its regulations. A spokesperson for the minister emphasized that a significant majority of Quebec residents oppose the monarchy and that the legislative change reflects the sentiments of the Quebec nation.
A spokesperson for the office of the Minister of Justice and Attorney General of Canada declined to comment on the ongoing legal matter, citing its status before the courts. 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, following a ruling by Alberta’s highest court that deemed the practice unconstitutional and a violation of religious freedom.