A legal expert is challenging a 2022 Quebec law that eliminated the compulsory Oath of Allegiance to the King for members of the province’s National Assembly, alleging that the provincial government exceeded its constitutional authority. The petition was submitted 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 exclude the oath to the monarch for Quebec legislators. 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 pledge allegiance to King Charles III and were consequently barred from 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, as individuals who do not take the oath are deemed ineligible to serve as MNAs. With the upcoming provincial election slated for October 5, the lawsuit argues that any laws enacted by an assembly comprising members who have not sworn allegiance could be invalidated.
In an interview with CBC, David explained that his decision to file the lawsuit was driven by personal and professional motives. “I’m a lifelong Montreal resident with many family ties in the city,” he stated. “It is imperative for political and democratic institutions to adhere to constitutional regulations.”
Quebec’s Justice Minister Simon Jolin-Barrette’s office has acknowledged the legal challenge and intends to uphold the province’s authority to modify its own regulations. A spokesperson for the office emphasized that a significant majority of Quebecers oppose the monarchy and that the change made respects the stance of the Quebec nation. Meanwhile, the office of the Minister of Justice and Attorney General of Canada declined to comment on ongoing legal matters. In a separate development, the Supreme Court of Canada 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 highest court in December that deemed the requirement unconstitutional and a violation of religious freedoms.