A constitutional lawyer has filed a legal challenge in Quebec Superior Court in Montreal to overturn a 2022 Quebec law that eliminated the mandatory Oath of Allegiance to the King for members of the province’s National Assembly. The lawsuit, brought by the Public Interest Litigation Institute and Lawrence David, a law professor at the University of Ottawa, argues that the provincial government exceeded its constitutional authority.
The law in question, known as Quebec’s Bill 4, was passed unanimously in December 2022. It amended the Constitution Act of 1867 to state that Quebec legislators are no longer required to swear allegiance to the monarch. This 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 taking their seats.
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 also asserts that the law violates 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).
With the next provincial election scheduled for October 5, the lawsuit argues that any laws passed by an assembly with members who haven’t sworn allegiance could potentially be invalidated. Lawrence David stated in an interview with CBC that his motivation for filing the lawsuit stems from personal and professional reasons, emphasizing the importance of adhering to constitutional rules within democratic and political institutions.
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 Quebec Justice Ministry highlighted that a significant majority of Quebecers oppose the monarchy and that the legislative change reflects the position of the Quebec nation. Meanwhile, the office of the Minister of Justice and Attorney General of Canada declined to comment on the matter, citing ongoing legal proceedings.
Lastly, the Supreme Court of Canada recently announced its decision to hear a case on the constitutionality of requiring aspiring lawyers to swear allegiance to the reigning monarch. This development follows a ruling by Alberta’s top court in December, which deemed the oath requirement unconstitutional and a violation of religious freedom.