A constitutional lawyer has taken legal action in Quebec to challenge a 2022 law that eliminated the mandatory Oath of Allegiance to the King for members of the province’s National Assembly. The lawsuit, filed by the Public Interest Litigation Institute and Lawrence David, a law professor at the University of Ottawa, contends that the provincial government exceeded its constitutional authority.
The legal challenge, lodged in Quebec Superior Court in Montreal, targets Quebec’s Bill 4, which was unanimously passed in December 2022. The law 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 following pressure from the Parti Québécois (PQ), a separatist party. Several PQ members had refused to swear allegiance to King Charles III and were consequently prevented from taking their seats in the Assembly.
According to the lawsuit, Quebec should have obtained unanimous consent from the House of Commons, the Senate, and all provincial legislatures to abolish the mandatory oath. It further 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 set for Oct. 5, the lawsuit argues that any legislation passed by an Assembly comprising members who have not pledged allegiance could be invalidated.
Lawrence David stated in an interview with CBC that he was driven to file the lawsuit for personal and professional reasons, emphasizing the importance of political and democratic institutions adhering to constitutional regulations.
In response to the legal action, Quebec’s Justice Minister Simon Jolin-Barrette affirmed the province’s intention to defend its right to modify its own regulations. The Minister’s office highlighted that a significant majority of Quebecers oppose the monarchy and that the legislative change aligns with the sentiments of the Quebec nation.
Meanwhile, a spokesperson for the office of the Minister of Justice and Attorney General of Canada declined to comment on the matter, citing its sub judice status. The Supreme Court of Canada recently announced its decision to hear a case on the constitutionality of requiring aspiring lawyers to swear allegiance to the reigning monarch, following a ruling by Alberta’s top court that deemed such a requirement unconstitutional and a violation of religious freedom.