A legal expert is challenging a law in Quebec passed in 2022 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 initiated in Quebec Superior Court by the Public Interest Litigation Institute and its founder, Lawrence David, from the University of Ottawa’s law faculty. The lawsuit targets Quebec’s Bill 4, which amended the Constitution Act of 1867 to remove the requirement for Quebec legislators to pledge allegiance to the monarch. The legislation was introduced by the Coalition Avenir Québec (CAQ) government following pressure from the separatist Parti Québécois (PQ) after some PQ members refused to take the oath to King Charles III and were consequently barred from their seats.
The legal action contends that Quebec needed unanimous approval from the House of Commons, the Senate, and all provincial legislatures to eliminate the mandatory oath. It also alleges that the law violates Section 3 of the Canadian Charter of Rights and Freedoms, which ensures the right to effective representation as politicians who do not take the oath are deemed ineligible to serve as MNAs. The lawsuit further argues that any laws passed by a legislative assembly comprising members who have not pledged allegiance may be invalidated, especially with the upcoming provincial election scheduled for October 5.
Lawrence David, in an interview with CBC, highlighted his personal and professional motivations for filing the lawsuit, emphasizing the importance of adherence to constitutional rules within democratic institutions. Quebec’s Justice Minister Simon Jolin-Barrette’s office responded by affirming its commitment to defending the province’s authority to modify its regulations, noting that the change aligns with the sentiments of the majority of Quebecers who reject the monarchy.
On the federal level, the office of the Minister of Justice and Attorney General of Canada declined to comment on the legal proceedings, citing their appropriateness before the courts. Separately, 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 previously ruled that such a requirement infringes on the Constitution and religious freedoms.