A constitutional law expert has initiated legal action to challenge a 2022 Quebec law that eliminated the compulsory Oath of Allegiance to the King for members of the province’s National Assembly. The lawsuit, filed in Quebec Superior Court in Montreal, was brought forth by the Public Interest Litigation Institute and 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, amending the Constitution Act of 1867 to remove the requirement for Quebec legislators to pledge allegiance to the monarch.
The legislation was proposed by the Coalition Avenir Québec (CAQ) government in response to pressure from the separatist Parti Québécois (PQ). Members of the PQ who refused to swear allegiance to King Charles III were barred from taking their seats in the National Assembly. The legal challenge argues that Quebec was obligated to obtain unanimous consent from the House of Commons, the Senate, and all provincial legislatures to abolish the mandatory oath.
Furthermore, the lawsuit asserts that the law contravenes 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. The lawsuit suggests that any laws passed by a legislative assembly comprising members who have not pledged allegiance could be invalidated. The upcoming provincial election on Oct. 5 adds urgency to the legal action, as it raises concerns about the validity of laws passed by such an assembly.
Lawrence David, the initiator of the legal challenge, emphasized the importance of upholding constitutional rules within democratic institutions during an interview with CBC. Quebec’s Justice Minister Simon Jolin-Barrette’s office has expressed its intention to defend the province’s authority to modify its rules, citing strong public support for the change to reflect the views of the Quebec nation.
The Minister of Justice and Attorney General of Canada declined to comment on the matter, stating that any ongoing legal proceedings should not be discussed. The Supreme Court of Canada recently announced its decision to hear a case regarding the constitutionality of requiring aspiring lawyers to swear allegiance to the reigning monarch, following Alberta’s top court ruling that such a requirement infringes on the Constitution and religious freedoms.