A legal expert is challenging a Quebec law from 2022 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 legal action was initiated in Quebec Superior Court in Montreal by the Public Interest Litigation Institute and Lawrence David, who is associated with the University of Ottawa’s law faculty. The lawsuit specifically targets Quebec’s Bill 4, which was unanimously passed in December 2022, amending the Constitution Act of 1867 to exclude the oath to the monarch for Quebec legislators.
The legislation was introduced by the Coalition Avenir Québec (CAQ) government following pressure from the separatist Parti Québécois (PQ) after certain PQ members declined to pledge allegiance to King Charles III and were consequently prevented from taking their seats. The lawsuit asserts that Quebec needed the agreement of the House of Commons, the Senate, and all provincial legislatures in Canada to eliminate the mandatory oath.
Furthermore, it alleges that the law infringes on Section 3 of the Canadian Charter of Rights and Freedoms, which guarantees the right to effective representation, as politicians who refuse the oath are deemed ineligible to serve as MNAs. Concerns are raised that laws passed by a legislative assembly comprising members who have not sworn allegiance could be invalidated, especially with the upcoming provincial election scheduled for October 5.
In an interview with CBC, Lawrence David explained that his motivation to file the lawsuit stems from personal and professional reasons, emphasizing the importance of political and democratic institutions adhering to constitutional regulations. Quebec’s Justice Minister Simon Jolin-Barrette’s office responded to the legal action, affirming the province’s right to adjust its regulations, citing that a significant majority of Quebecers oppose the monarchy.
The Minister’s spokesperson, Élisabeth Gosselin, reiterated that the alteration respects the stance of the Quebec nation, emphasizing their commitment to uphold their constitutional prerogatives. Meanwhile, the office of the Minister of Justice and Attorney General of Canada declined to comment on ongoing legal matters. It was noted that the Supreme Court of Canada has agreed to hear a case regarding the constitutionality of requiring aspiring lawyers to swear allegiance to the reigning monarch, with Alberta’s top court previously ruling that such a requirement violates the Constitution and impinges on religious liberties.