A legal expert is aiming to challenge a recent Quebec law that eliminated the compulsory Oath of Allegiance to the King for members of the province’s National Assembly, arguing that the provincial government exceeded its constitutional authority. The legal action was initiated in Quebec Superior Court in Montreal by the Public Interest Litigation Institute and Lawrence David, a professor at the University of Ottawa’s law school. The lawsuit targets Quebec’s Bill 4, which was unanimously passed in December 2022 and modified the Constitution Act of 1867 to remove the requirement for Quebec legislators to swear 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) after several PQ members refused to pledge allegiance to King Charles III and were consequently barred from taking their seats in the assembly. 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. It further asserts that the law infringes on 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 considered ineligible to serve as MNAs.
The legal challenge raises concerns that laws passed by an assembly comprising members who have not sworn allegiance could be invalidated, especially with the upcoming provincial election on Oct. 5. Lawrence David, in an interview with CBC, emphasized the importance of upholding constitutional principles in democratic institutions.
In response, Quebec’s Justice Minister Simon Jolin-Barrette’s office stated its intention to defend Quebec’s authority to amend its regulations, citing strong public opposition to the monarchy within the province. The office reaffirmed Quebec’s commitment to exercising its constitutional jurisdiction. The Minister of Justice and Attorney General of Canada declined to comment on ongoing legal proceedings.
The Supreme Court of Canada recently announced its decision to review a case questioning the constitutionality of requiring aspiring lawyers to swear allegiance to the reigning monarch. Alberta’s highest court ruled in December that such a requirement violated the Constitution and impinged on religious freedom.