A legal expert is challenging a Quebec law enacted in 2022 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 petition was submitted in Quebec Superior Court in Montreal by the Public Interest Litigation Institute and Lawrence David, a faculty member at the University of Ottawa’s law school. The lawsuit targets Quebec’s Bill 4, which was unanimously approved in December 2022, amending the Constitution Act of 1867 to state that Quebec legislators are no longer required to swear allegiance to the monarch.
The legislation 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 pledge allegiance to King Charles III and were subsequently barred from their seats. The legal challenge asserts that Quebec needed the unanimous approval of the House of Commons, Senate, and all provincial legislatures to eliminate the mandatory oath. It also alleges that the law contravenes Section 3 of the Canadian Charter of Rights and Freedoms, which guarantees the right to effective representation since politicians who decline the oath are deemed ineligible to serve as MNAs.
Pointing to the upcoming provincial election on October 5, the lawsuit argues that any laws enacted by a legislative body composed of members who haven’t sworn allegiance could be invalidated. Lawrence David, in an interview with CBC, stated his dual personal and professional motivations for filing the lawsuit, emphasizing the necessity for political and democratic bodies to adhere to constitutional guidelines.
Quebec’s Justice Minister Simon Jolin-Barrette’s office informed CBC News of its intention to defend the province’s authority to modify its regulations, citing that the alteration aligns with the sentiments of the Quebec populace who largely oppose the monarchy. In response to the legal action, the office of the Minister of Justice and Attorney General of Canada declined to comment, citing the ongoing legal proceedings. Last week, the Supreme Court of Canada announced its decision to hear a case regarding the constitutionality of requiring aspiring lawyers to swear allegiance to the reigning monarch, following Alberta’s top court ruling against the requirement due to constitutional violations and encroachment on religious freedoms.