A legal expert is moving forward with a legal challenge against a 2022 Quebec law that eliminated the compulsory Oath of Allegiance to the King for members of the province’s National Assembly, asserting that the provincial government exceeded its constitutional authority.
The filing was made in Quebec Superior Court in Montreal on Monday by the Public Interest Litigation Institute and its founder, Lawrence David, who is a faculty member at the University of Ottawa’s law school.
The lawsuit targets Quebec’s Bill 4, which was unanimously approved in December 2022. The legislation amended the Constitution Act of 1867 to specify that Quebec legislators are no longer required to pledge allegiance to the monarch.
The bill was introduced by the Coalition Avenir Québec (CAQ) government following pressure from the separatist Parti Québécois (PQ). Some PQ members had refused to swear allegiance to King Charles III and were consequently barred from taking their seats.
The legal action contends that Quebec needed the unanimous agreement of the House of Commons, the Senate, and all provincial legislatures across the country to abolish the mandatory oath.
Furthermore, the lawsuit alleges that the law contravenes Section 3 of the Canadian Charter of Rights and Freedoms, which safeguards the right to effective representation since politicians who do not take the oath are deemed ineligible to serve as an MNA.
Scheduled for October 5, the upcoming provincial election raises concerns that any laws enacted by an assembly comprising members who have not pledged allegiance could be invalidated, according to the lawsuit.
In an interview with CBC, David explained that his decision to file the lawsuit was driven by personal and professional motivations. “I’m a lifelong Montreal resident with numerous 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 informed CBC News that it is aware of the legal action and plans to defend the province’s authority to modify its own regulations. A spokesperson for the minister emphasized that a vast majority of Quebecers oppose the monarchy and that the legislative change respects the stance of the Quebec nation.
Similarly, a spokesperson for the Minister of Justice and Attorney General of Canada indicated that it would be inappropriate to comment on any ongoing legal matters. Recently, the Supreme Court of Canada announced its decision to examine whether compelling aspiring lawyers to swear allegiance to the reigning monarch is unconstitutional, following a ruling by Alberta’s top court in December declaring the practice unconstitutional and a violation of religious freedoms.