A constitutional lawyer has taken 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, filed in Quebec Superior Court in Montreal, contends that the provincial government exceeded its constitutional authority. Lawrence David, the founder of the Public Interest Litigation Institute and a faculty member at the University of Ottawa’s law school, lodged the application.
The legal challenge targets Quebec’s Bill 4, which was unanimously passed in December 2022. This legislation amended the Constitution Act of 1867, specifying that Quebec legislators are no longer required to swear 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). Some PQ members had refused to pledge allegiance to King Charles III and were consequently prevented from taking their seats.
According to the lawsuit, Quebec needed the unanimous approval of the House of Commons, the Senate, and all provincial legislatures in the country to eliminate the mandatory oath. It also alleges that the law contravenes Section 3 of the Canadian Charter of Rights and Freedoms, which ensures the right to effective representation. The lawsuit posits that individuals who do not take the oath are ineligible to serve as MNAs, potentially rendering any laws enacted by a legislative assembly comprising such members invalid.
Lawrence David stated in an interview with CBC that his motivation for initiating the lawsuit stems from personal and professional reasons. He emphasized the importance of political and democratic institutions adhering to constitutional regulations.
In response to the legal action, the office of Quebec Justice Minister Simon Jolin-Barrette affirmed its intention to defend the province’s authority to modify its own regulations. A spokesperson for the minister noted that a majority of Quebecers oppose the monarchy and that the legislative change reflects the position of the Quebec nation.
The office of the Minister of Justice and Attorney General of Canada declined to comment on the matter, citing ongoing legal proceedings. 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. Alberta’s highest court ruled in December that such a requirement in the province violates the Constitution and impinges on religious freedoms.