A legal expert is aiming to invalidate a Quebec law passed in 2022 that eliminated the compulsory Oath of Allegiance to the King for members of the province’s National Assembly. The challenge was filed in Montreal’s Quebec Superior Court on Monday by the Public Interest Litigation Institute and Lawrence David, who is a faculty member at the University of Ottawa’s law school. The lawsuit targets Quebec’s Bill 4, which modified the Constitution Act of 1867 to remove the requirement for Quebec legislators to pledge allegiance to the monarch.
The legislation, which received unanimous approval in December 2022, was introduced by the Coalition Avenir Québec (CAQ) government following 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 in the Assembly.
The lawsuit contends that Quebec needed the unanimous consent of the House of Commons, the Senate, and all provincial legislatures to revoke the mandatory oath. It also asserts that the law violates Section 3 of the Canadian Charter of Rights and Freedoms by denying effective representation to politicians who do not take the oath, rendering them ineligible to serve as MNAs.
The legal action raises concerns that laws passed by an Assembly comprised of members who have not pledged allegiance may be invalidated, especially with the upcoming provincial election scheduled for October 5. Lawrence David emphasized the importance of adherence to constitutional rules for democratic and political institutions.
In response to the legal challenge, the office of Quebec Justice Minister Simon Jolin-Barrette stated its intention to defend Quebec’s authority to amend its regulations, citing significant public support for the change due to widespread opposition to the monarchy in Quebec. The Minister’s office reiterated its commitment to exercising the province’s 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 it would review a case regarding the constitutionality of requiring prospective lawyers to swear allegiance to the reigning monarch, following a ruling by Alberta’s highest court that such a requirement infringes on religious freedoms and contravenes the Constitution.