A legal expert is challenging a recent Quebec law that eliminated the obligatory Oath of Allegiance to the King for members of the province’s National Assembly. The lawsuit, filed 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, argues that the provincial government exceeded its constitutional authority.
The legal action targets Quebec’s Bill 4, which was unanimously passed in December 2022 and amended the Constitution Act of 1867 to remove the requirement for Quebec legislators to pledge allegiance to the monarch.
The law 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 subsequently barred from their seats.
The lawsuit contends that Quebec needed unanimous consent from the House of Commons, the Senate, and all provincial legislatures to eliminate the mandatory oath. It also alleges that the law violates Section 3 of the Canadian Charter of Rights and Freedoms, which guarantees the right to effective representation, as politicians who do not take the oath are deemed ineligible to serve as MNAs.
With the upcoming provincial election on Oct. 5, the lawsuit argues that any legislation passed by an assembly consisting of members who have not pledged allegiance may be invalidated.
Lawrence David, in an interview with CBC, expressed his personal and professional reasons for initiating the lawsuit, emphasizing the importance of political and democratic institutions adhering to constitutional regulations.
Meanwhile, Quebec’s Justice Minister Simon Jolin-Barrette’s office stated its intention to defend the province’s authority to amend its own regulations, citing widespread opposition to the monarchy among Quebecers. The office of the Minister of Justice and Attorney General of Canada declined to comment on ongoing legal matters.
The Supreme Court of Canada recently announced its decision to hear a case regarding whether requiring aspiring lawyers to swear allegiance to the reigning monarch is unconstitutional. Alberta’s highest court previously ruled that this requirement infringed on the Constitution and religious freedoms.
