A constitutional lawyer has initiated legal action to challenge a 2022 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 its founder, Lawrence David, argues that the provincial government exceeded its constitutional authority.
The legal challenge targets Quebec’s Bill 4, which was unanimously passed in December 2022. The legislation amended the Constitution Act of 1867 to specify that Quebec legislators are no longer required to pledge 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). Members of the PQ who declined to swear allegiance to King Charles III were previously prevented from taking their seats in the Assembly.
The lawsuit contends that Quebec needed the unanimous consent of the House of Commons, the Senate, and all provincial legislatures to eliminate the mandatory oath. It further alleges that the law violates Section 3 of the Canadian Charter of Rights and Freedoms, which ensures the right to effective representation by disqualifying politicians who do not take the oath from serving as MNAs.
The legal action raises concerns that laws enacted by an assembly comprising members who have not pledged allegiance might be invalidated, particularly with the upcoming provincial election scheduled for October 5.
Lawrence David, the lawyer behind the lawsuit, emphasized the importance of upholding constitutional principles in democratic and political institutions. He cited personal and professional motivations for filing the legal challenge, underlining the necessity for adherence to constitutional norms.
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 amend its regulations. A spokesperson highlighted that a significant majority of Quebecers oppose the monarchy and that the legal amendment respects the position of the Quebec nation.
Meanwhile, the office of the Minister of Justice and Attorney General of Canada declined to comment on ongoing legal matters. Recently, the Supreme Court of Canada announced its intention to review a case concerning the constitutionality of requiring aspiring lawyers to swear allegiance to the reigning monarch, following a ruling by Alberta’s highest court deeming such a requirement unconstitutional and a violation of religious freedom.