A legal expert is challenging a 2022 Quebec law 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 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 lawsuit targets Quebec’s Bill 4, which was unanimously passed in December 2022, amending the Constitution Act of 1867 to exclude the requirement of the oath to the monarch for Quebec legislators.
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 pledge allegiance to King Charles III and were consequently prevented from taking their seats in the assembly. The lawsuit contends that Quebec needed the unanimous approval of the House of Commons, the Senate, and all provincial legislatures to eliminate the mandatory oath. It further alleges that the law breaches Section 3 of the Canadian Charter of Rights and Freedoms, which guarantees the right to effective representation as individuals who do not take the oath are considered ineligible to serve as MNAs.
The lawsuit raises concerns that laws enacted by an assembly comprising members who have not sworn allegiance may be invalidated. Lawrence David, in an interview with CBC, highlighted that his motivation for filing the lawsuit stems from personal and professional reasons, emphasizing the importance of political and democratic institutions adhering to constitutional regulations.
Quebec’s Justice Minister Simon Jolin-Barrette’s office affirmed its intention to uphold the law, emphasizing Quebec’s prerogative to modify its regulations to align with the sentiments of the province’s populace. The spokesperson reiterated that the majority of Quebec citizens reject the monarchy and that the legal alteration respects the will of the Quebec nation. The office of the Minister of Justice and Attorney General of Canada refrained from commenting on ongoing legal proceedings, citing the inappropriateness of making statements on matters before the courts.
Recently, 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 in the province contravenes the Constitution and encroaches on religious freedoms.