A legal expert is challenging a recent Quebec law that scrapped the mandatory Oath of Allegiance to the King for members of the province’s National Assembly, arguing 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, who is a faculty member at the University of Ottawa’s law school. The lawsuit 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 legislation was introduced by the Coalition Avenir Québec (CAQ) government following pressure from the separatist Parti Québécois (PQ) after several PQ members refused to take the oath 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 to eliminate the mandatory oath. Furthermore, it asserts that the law breaches Section 3 of the Canadian Charter of Rights and Freedoms by denying effective representation to politicians who do not adhere to the oath.
The lawsuit highlights concerns that laws passed by a legislative assembly consisting of members who have not pledged allegiance may be invalidated, especially with the upcoming provincial election scheduled for Oct. 5. In an interview, David emphasized the importance of upholding constitutional rules in democratic institutions, citing personal and professional motivations for initiating the legal action.
Quebec’s Justice Minister Simon Jolin-Barrette’s office indicated its intention to defend the province’s authority to modify its regulations, emphasizing that a majority of Quebecers oppose the monarchy. The office stressed that the legislative change aligns with the sentiments of the Quebec nation and affirmed its commitment to preserving its constitutional prerogatives. Similarly, 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 the constitutionality of requiring aspiring lawyers to swear allegiance to the reigning monarch, following a ruling by Alberta’s top court that deemed such a requirement unconstitutional and infringing on religious freedom.
