A legal expert is challenging a recent Quebec law that eliminated the compulsory Oath of Allegiance to the King for members of the province’s National Assembly, contending 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 names the Attorney General of Quebec as the defendant and the Attorney General of Canada as an interested party.
The legal action targets Quebec’s Bill 4, which was unanimously passed in December 2022. The legislation introduced an amendment to the Constitution Act of 1867, clarifying that Quebec legislators are no longer required to pledge 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) after several PQ members refused to swear allegiance to King Charles III and were consequently prevented from taking their seats.
The lawsuit contends that Quebec needed unanimous consent from the House of Commons, the Senate, and all provincial legislatures in Canada to eliminate the obligatory oath. It further asserts that the law contravenes 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 deemed ineligible to serve as MNAs (Members of the National Assembly).
The legal challenge also raises concerns that laws enacted by an assembly composed of members who have not sworn allegiance could be invalidated. In an interview with CBC, Lawrence David stated that his decision to file the lawsuit was driven by 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 responded to the legal action, affirming the province’s intention to defend its right to amend its regulations. The spokesperson for the Minister highlighted that a significant majority of Quebec residents oppose the monarchy, emphasizing that the legislative change aligns with the sentiments of the Quebec nation. Meanwhile, the Office of the Minister of Justice and Attorney General of Canada refrained from commenting on the matter, citing ongoing legal proceedings.
Additionally, the Supreme Court of Canada announced its decision to review a case regarding the constitutionality of requiring aspiring lawyers to swear allegiance to the reigning monarch. In a separate ruling, Alberta’s highest court determined that such a requirement in the province breaches the Constitution and impinges on religious freedom.