A legal expert is aiming to invalidate a Quebec law passed in 2022 that eliminated the obligatory Oath of Allegiance to the King for Quebec’s National Assembly members, arguing that the provincial government exceeded its constitutional authority. The challenge was submitted in Montreal’s Quebec Superior Court by the Public Interest Litigation Institute and its founder, Lawrence David, a law professor at the University of Ottawa. The lawsuit targets Quebec’s Bill 4, which was unanimously approved in December 2022 and amended the Constitution Act of 1867 to exclude the oath to the monarch for Quebec legislators.
The bill 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 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 eliminate the mandatory oath.
Furthermore, it asserts that the law violates Section 3 of the Canadian Charter of Rights and Freedoms, which ensures 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 set for October 5, the lawsuit suggests that any legislation passed by an assembly consisting of members who have not sworn allegiance could be invalidated.
In an interview with CBC, David explained his motivation for filing the lawsuit, citing personal and professional reasons. He emphasized the importance of political and democratic institutions adhering to constitutional regulations. The Quebec justice minister’s office did not respond to a request for comment, with a spokesperson for the Minister of Justice and Attorney General of Canada stating that they would refrain from commenting on any matters before the courts.
Recently, the Supreme Court of Canada announced that it would review a case regarding the constitutionality of requiring aspiring lawyers to swear allegiance to the reigning monarch. Alberta’s highest court ruled in December that this requirement infringed upon the Constitution and religious freedoms.