A constitutional lawyer has filed a legal challenge in Quebec Superior Court 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 was initiated 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 passed in December 2022, amending 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 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 barred from taking their seats. The lawsuit argues that Quebec needed the consent of the House of Commons, the Senate, and all provincial legislatures to eliminate the mandatory oath, as mandated by the Constitution.
Furthermore, the legal challenge asserts that the law infringes on Section 3 of the Canadian Charter of Rights and Freedoms, which guarantees the right to effective representation. It argues that politicians who do not take the oath are not qualified to serve as Members of the National Assembly (MNAs). With the upcoming provincial election on October 5, the lawsuit suggests that laws passed by an assembly with members who have not pledged allegiance may be invalidated.
Lawrence David stated in an interview with CBC that his motivation to file the lawsuit stems from 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 by affirming their intention to defend the province’s authority to amend its regulations, citing the majority of Quebecers’ rejection of the monarchy as a basis for the change.
The Minister of Justice and Attorney General of Canada declined to comment on the legal proceedings. The Supreme Court of Canada recently announced its decision to hear a case regarding the constitutionality of requiring prospective lawyers to swear allegiance to the reigning monarch, following an Alberta court ruling in December that deemed the practice unconstitutional and a violation of religious freedom.
