A legal expert is aiming to invalidate a 2022 Quebec legislation 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 lodged in Quebec Superior Court in Montreal by the Public Interest Litigation Institute and Lawrence David, a professor at the University of Ottawa’s faculty of law. The lawsuit targets Quebec’s Bill 4, which was unanimously passed in December 2022. The law amended the Constitution Act of 1867 to state 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 separatist Parti Québécois (PQ) after some PQ members refused to swear allegiance to King Charles III and were consequently barred from their seats.
The lawsuit contends that Quebec needed unanimous consent from the House of Commons, the Senate, and all provincial legislatures to revoke the mandatory oath. It also alleges that the law breaches Section 3 of the Canadian Charter of Rights and Freedoms, which guarantees the right to effective representation since politicians who do not take the oath are deemed ineligible to serve as MNAs. With the upcoming provincial election set for Oct. 5, the lawsuit suggests that any laws passed by an assembly composed of members who have not pledged allegiance could be invalidated.
Lawrence David mentioned in an interview with CBC that personal and professional reasons motivated him to file the lawsuit, emphasizing the importance of political and democratic institutions adhering to constitutional regulations. In response, the office of Quebec Justice Minister Simon Jolin-Barrette affirmed that they would defend the province’s authority to modify its regulations, citing strong public opposition to the monarchy in Quebec. The Justice Minister of Canada’s office declined to comment on ongoing legal matters.
Recently, the Supreme Court of Canada announced it would review a case concerning the constitutionality of requiring aspiring lawyers to swear allegiance to the reigning monarch. Alberta’s top court ruled in December that this practice violates the Constitution and infringes on religious freedom.
