A legal challenge has been initiated by a constitutional lawyer in Quebec to overturn a 2022 provincial law that eliminated the compulsory Oath of Allegiance to the King for members of the National Assembly. The lawsuit, filed in Quebec Superior Court by the Public Interest Litigation Institute and its founder Lawrence David, alleges that the Quebec government exceeded its constitutional authority.
The legal action targets Quebec’s Bill 4, which was unanimously passed in December 2022. This law amended the Constitution Act of 1867 to specify that Quebec legislators are no longer required 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). Several PQ members had refused to swear allegiance to King Charles III and were consequently prevented from taking their seats.
The lawsuit contends that Quebec needed the unanimous approval of the House of Commons, the Senate, and all provincial legislatures to abolish the mandatory oath. It also asserts that the law violates Section 3 of the Canadian Charter of Rights and Freedoms, which guarantees the right to effective representation by disqualifying politicians who do not take the oath from serving as MNAs.
With the impending provincial election on Oct. 5, the lawsuit argues that any laws enacted by an assembly comprising members who have not pledged allegiance may be invalidated.
Lawrence David stated in an interview with CBC that he was driven to file the lawsuit due to personal and professional reasons. “I’m a lifelong Montrealer with family ties in the city,” he mentioned, emphasizing the importance of political and democratic institutions adhering to constitutional norms.
Quebec’s Justice Minister Simon Jolin-Barrette’s office expressed its intention to defend the province’s authority to modify its own regulations, citing that a significant majority of Quebecers oppose the monarchy. The spokesperson stressed that the change aligns with the sentiments of the Quebec nation, emphasizing their commitment to exercising their constitutional prerogatives.
A spokesperson for 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 decision to hear a case regarding the constitutionality of mandating prospective lawyers to swear allegiance to the reigning monarch. Alberta’s highest court previously ruled that such a requirement infringed on religious freedoms and violated the Constitution.