A legal expert is challenging a 2022 Quebec law that eliminated the compulsory Oath of Allegiance to the King for members of the province’s National Assembly. The lawsuit was filed in Quebec Superior Court in Montreal by the Public Interest Litigation Institute and its founder, Lawrence David, a faculty member at the University of Ottawa’s law school.
The legal action targets Quebec’s Bill 4, passed unanimously in December 2022, which amended the Constitution Act of 1867 to remove the requirement for Quebec legislators 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), whose members had refused to swear allegiance to King Charles III and were consequently excluded from their seats.
The lawsuit contends that Quebec needed the consent of the House of Commons, the Senate, and all provincial legislatures to abolish the mandatory oath. It also alleges that the law violates Section 3 of the Canadian Charter of Rights and Freedoms, which guarantees the right to effective representation by disqualifying politicians who do not take the oath from serving as MNAs.
With the upcoming provincial election scheduled for Oct. 5, the lawsuit argues that any legislation passed by an assembly comprising members who have not pledged allegiance may be invalidated. Lawrence David, in an interview with CBC, expressed his personal and professional motivation for initiating the lawsuit, emphasizing the importance of political and democratic institutions adhering to constitutional principles.
In response to the legal challenge, the office of Quebec Justice Minister Simon Jolin-Barrette affirmed its intention to defend Quebec’s authority to modify its own regulations. A spokesperson highlighted that a significant majority of Quebec residents oppose the monarchy, asserting that the legislative change aligns with the sentiments of the Quebec nation.
The Minister of Justice and Attorney General of Canada’s office refrained from commenting on the matter, citing its status before the courts. The Supreme Court of Canada recently announced its decision to hear a case regarding the constitutionality of requiring aspiring lawyers to swear allegiance to the reigning monarch, following a ruling by Alberta’s top court that deemed the practice unconstitutional and a violation of religious freedoms.