A constitutional lawyer has initiated legal action to challenge 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 challenge, targeting Quebec’s Bill 4 passed in December 2022, contends that the provincial government exceeded its constitutional authority by amending the Constitution Act of 1867 to remove the oath requirement for Quebec legislators. The law 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 their seats.
The lawsuit argues that Quebec needed the unanimous approval of the House of Commons, the Senate, and all provincial legislatures to eliminate the compulsory oath. Moreover, it asserts that the law violates 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).
As the next provincial election is set for October 5, the lawsuit suggests that any laws passed by an assembly comprising members who have not sworn allegiance could be invalidated. Lawrence David highlighted the importance of upholding constitutional principles in democratic and political institutions during an interview with CBC.
Quebec’s Justice Minister Simon Jolin-Barrette’s office stated that it is prepared to defend the province’s authority to modify its regulations, emphasizing that a majority of Quebecers oppose the monarchy and that the legislative change respects the desires of the Quebec nation. Meanwhile, the office of the Minister of Justice and Attorney General of Canada refrained from commenting on ongoing legal matters.
In a separate development, the Supreme Court of Canada announced its decision to review a case concerning the constitutionality of requiring aspiring lawyers to swear allegiance to the reigning monarch. Alberta’s highest court had previously ruled in December that this requirement violated the Constitution and impinged on religious freedom.
