A constitutional lawyer has filed a legal challenge in Quebec Superior Court in Montreal to overturn a 2022 Quebec law that eliminated the mandatory Oath of Allegiance to the King for members of the province’s National Assembly. The lawyer, Lawrence David, who is associated with the Public Interest Litigation Institute and teaches at the University of Ottawa’s faculty of law, alleges that the provincial government exceeded its constitutional authority.
The lawsuit, which names the Attorney General of Quebec as the respondent and the Attorney General of Canada as an interested party, takes issue with Quebec’s Bill 4, which was unanimously passed in December 2022. This law amended the Constitution Act of 1867 to declare that Quebec legislators are no longer required to swear allegiance to the monarch.
The bill was introduced by the Coalition Avenir Québec (CAQ) government following pressure from the separatist Parti Québécois (PQ) after several PQ members refused to pledge allegiance to King Charles III and were consequently prevented from taking their seats in the Assembly.
The legal challenge argues that Quebec needed the unanimous approval of the House of Commons, the Senate, and all provincial legislatures in Canada to eliminate 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 politicians who do not take the oath are deemed ineligible to serve as MNAs.
With the upcoming provincial election scheduled for Oct. 5, the lawsuit contends that any laws passed by an Assembly composed of members who have not pledged allegiance could be invalidated.
Lawrence David highlighted personal and professional motivations for filing the lawsuit, emphasizing the importance of political and democratic institutions adhering to constitutional regulations.
In response to the legal action, the office of Quebec Justice Minister Simon Jolin-Barrette expressed the province’s intent to defend its authority to modify its own regulations, citing a strong rejection of the monarchy by a majority of Quebecers.
The office of the Minister of Justice and Attorney General of Canada declined to comment on the matter, stating that it would be inappropriate to do so while the case is before the courts.
In a separate development, the Supreme Court of Canada announced its decision to hear a case on the constitutionality of requiring aspiring lawyers to swear allegiance to the reigning monarch. Alberta’s top court had previously ruled that such a requirement infringed on religious freedom and violated the Constitution.