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, asserting that the provincial government exceeded its constitutional authority. The petition was lodged in Quebec Superior Court in Montreal by the Public Interest Litigation Institute and its founder, Lawrence David, who is a faculty member at the University of Ottawa’s law school. The lawsuit names the Attorney General of Quebec as the defendant and the Attorney General of Canada as an interested party.
The legal challenge targets Quebec’s Bill 4, which was unanimously passed in December 2022. This law amended the Constitution Act of 1867 to specify that Quebec lawmakers are no longer required to swear allegiance to the monarch. The bill was introduced by the Coalition Avenir Québec (CAQ) administration following pressure from the separatist Parti Québécois (PQ), as some PQ members had declined to pledge loyalty to King Charles III and were consequently barred from their seats.
The lawsuit contends that Quebec needed the unanimous approval of the House of Commons, the Senate, and all provincial legislatures in the country to abolish the obligatory oath. It further asserts that the law breaches Section 3 of the Canadian Charter of Rights and Freedoms, which guarantees the right to effective representation, as politicians who refuse to take the oath are deemed ineligible to serve as MNAs.
The legal action argues that any laws passed by a legislative assembly composed of members who have not sworn allegiance could be invalidated, especially with the impending provincial election scheduled for October 5. Lawrence David, in an interview with CBC, expressed his motivation for filing the lawsuit, citing personal and professional reasons. He emphasized the importance of adherence to constitutional protocols by political and democratic institutions.
Quebec’s Justice Minister Simon Jolin-Barrette’s office stated to CBC News that they are aware of the lawsuit and intend to defend Quebec’s authority to modify its own regulations. The office highlighted that the vast majority of Quebec residents oppose the monarchy and that the legislative change respects the stance of the Quebec nation. The Minister of Justice and Attorney General of Canada’s office declined to comment on ongoing legal proceedings, emphasizing that any discussion on matters before the courts would be inappropriate.
Recently, the Supreme Court of Canada announced its intention to review a case on the constitutionality of requiring aspiring lawyers to swear allegiance to the reigning monarch. Alberta’s highest court had ruled in December that this requirement in the province violated the Constitution and impinged on religious freedoms.