A legal expert is aiming to invalidate a 2022 Quebec statute that eliminated the compulsory Oath of Allegiance to the King for members of the province’s National Assembly, asserting that the provincial government exceeded its constitutional authority. The legal challenge was lodged in Quebec Superior Court in Montreal by the Public Interest Litigation Institute and its founder, 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 and amended the Constitution Act of 1867 to specify that Quebec legislators are no longer required to swear allegiance to the monarch.
The bill was introduced by the Coalition Avenir Québec (CAQ) government in response to pressure from the separatist Parti Québécois (PQ) after several PQ members declined to pledge allegiance to King Charles III and were consequently barred from sitting. The lawsuit argues that Quebec needed the unanimous consent of the House of Commons, the Senate, and all provincial legislatures to eliminate the mandatory oath. Furthermore, it alleges that the law contravenes 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 an MNA.
The legal action suggests that any legislation enacted by an assembly comprising members who have not sworn allegiance could be invalidated, especially with the upcoming provincial election scheduled for October 5. In an interview with CBC, David explained his decision to file the lawsuit, citing personal and professional motivations. Quebec’s Justice Minister Simon Jolin-Barrette’s office has stated its intention to defend the province’s authority to modify its own regulations, emphasizing that a vast majority of Quebecers oppose the monarchy and that the change made aligns with the Quebec nation’s stance.
Meanwhile, a spokesperson for the Minister of Justice and Attorney General of Canada declined to comment on the matter, citing ongoing legal proceedings. 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 in December deeming the practice unconstitutional and a violation of religious freedom.
