A legal expert is aiming to invalidate a 2022 Quebec statute that eliminated the compulsory Oath of Allegiance to the King for members of the province’s National Assembly, contending that the provincial administration exceeded its constitutional authority. The petition was submitted in Quebec Superior Court in Montreal by the Public Interest Litigation Institute and its founder, Lawrence David, a faculty member at the University of Ottawa’s law school. The legal action lists the Attorney General of Quebec as the defendant and the Attorney General of Canada as an interested participant.
The legal challenge targets Quebec’s Bill 4, which was unanimously passed in December 2022. This law amended the Constitution Act of 1867 to specify that Quebec lawmakers are no longer required to pledge allegiance to the monarch. The legislation was introduced by the Coalition Avenir Québec (CAQ) government following pressure from the separatist Parti Québécois (PQ). Several PQ members had refused to swear allegiance to King Charles III and were consequently disqualified from their positions.
The lawsuit argues that Quebec needed the unanimous approval of the House of Commons, the Senate, and all of the provincial legislatures in the country to eliminate the obligatory oath. It further asserts that the statute breaches Section 3 of the Canadian Charter of Rights and Freedoms, which guarantees the right to adequate representation because politicians who do not take the oath are deemed ineligible to serve as an MNA.
With the upcoming provincial election set for October 5, the lawsuit suggests that any laws enacted by a legislative body comprised of members who have not pledged allegiance may be invalidated. In an interview with CBC, David explained that his motivation for initiating the lawsuit stems from personal and professional reasons, emphasizing the importance of political and democratic institutions adhering to constitutional regulations.
In response to the legal action, the office of Quebec Justice Minister Simon Jolin-Barrette stated that it intends to defend the province’s prerogative to amend its own regulations. The spokesperson emphasized that a significant majority of Quebecers oppose the monarchy and that the legislative alteration respects the stance of the Quebec nation. Quebec authorities affirm their commitment to upholding their constitutional autonomy.
Regarding the ongoing legal matters, the office of the Minister of Justice and Attorney General of Canada declined to comment, citing the inappropriateness of discussing matters before the courts. Recently, the Supreme Court of Canada announced its intention to review a case questioning the constitutionality of mandating aspiring lawyers to swear allegiance to the reigning monarch. A ruling by Alberta’s highest court in December found that this requirement contravenes the Constitution and infringes on religious freedoms.