A legal expert is aiming to overturn a 2022 Quebec law that eliminated the compulsory Oath of Allegiance to the King for members of the province’s National Assembly, arguing 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, a law professor at the University of Ottawa.
The lawsuit challenges Quebec’s Bill 4, which was unanimously passed in December 2022. The law amended the Constitution Act of 1867 to state that Quebec legislators are no longer required to swear 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 pledge allegiance to King Charles III and were consequently barred from taking their seats.
The legal action asserts that Quebec needed the unanimous consent of the House of Commons, the Senate, and all provincial legislatures in Canada to abolish the mandatory oath. Furthermore, it argues 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 (Members of the National Assembly).
The lawsuit also raises concerns that laws enacted by an assembly comprising members who have not sworn allegiance could potentially be invalidated, especially with the upcoming provincial election scheduled for Oct. 5. Lawrence David emphasized the importance of upholding constitutional rules in democratic institutions.
In response to the legal challenge, the office of Quebec Justice Minister Simon Jolin-Barrette stated that it plans to defend Quebec’s authority to modify its own regulations. The spokesperson highlighted that a majority of Quebecers oppose the monarchy and that the legislative change aligns with the stance of the Quebec nation. Similarly, the office of the Minister of Justice and Attorney General of Canada declined to comment on the matter, citing its pending legal status.
Recent developments indicate that the Supreme Court of Canada will review a case regarding the constitutionality of requiring aspiring lawyers to swear allegiance to the reigning monarch. Alberta’s highest court previously ruled in December that such a requirement violates the Constitution and encroaches on religious freedoms.