A constitutional lawyer has filed a legal challenge in Quebec Superior Court 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 lawsuit, brought forth by the Public Interest Litigation Institute and its founder Lawrence David, argues that the provincial government exceeded its constitutional authority.
Quebec’s Bill 4, passed unanimously in December 2022, amended the Constitution Act of 1867 to remove the requirement for Quebec legislators to pledge allegiance to the monarch. The legislation 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 swear allegiance to King Charles III.
The lawsuit contends that Quebec needed the unanimous consent of the House of Commons, the Senate, and all provincial legislatures to eliminate the mandatory oath. It also asserts that the law breaches 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.
The legal action raises concerns that laws passed by a legislative assembly comprising members who have not pledged allegiance may be invalidated. With the upcoming provincial election scheduled for October 5, the lawsuit highlights the potential implications of laws passed under these circumstances.
In response to the legal challenge, the office of Quebec Justice Minister Simon Jolin-Barrette stated that Quebec intends to defend its authority to modify its own regulations. The spokesperson emphasized that a significant majority of Quebecers oppose the monarchy, and the legislative change reflects the position of the Quebec nation.
Regarding the legal proceedings, a spokesperson for the office of the Minister of Justice and Attorney General of Canada refrained from commenting, citing the matter before the courts. The Supreme Court of Canada recently announced its decision to hear a case on the constitutionality of requiring aspiring lawyers to swear allegiance to the reigning monarch, following Alberta’s top court ruling that such a requirement breaches the Constitution and impinges on religious freedom.