A legal expert is aiming to invalidate 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 application was submitted in Quebec Superior Court in Montreal on Monday by the Public Interest Litigation Institute and its founder, Lawrence David, a faculty member at the University of Ottawa’s law school. The lawsuit targets Quebec’s Bill 4, which was unanimously passed in December 2022 and amended the Constitution Act of 1867 to remove the requirement for Quebec legislators to swear allegiance to the monarch.
The legal challenge argues that Quebec needed the unanimous agreement of the House of Commons, the Senate, and all provincial legislatures to revoke the mandatory oath. It also claims that the law violates 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 an MNA. The lawsuit contends that laws passed by a legislative assembly comprised of members who have not pledged allegiance could be invalidated, particularly with the upcoming provincial election scheduled for Oct. 5.
Lawrence David expressed his motivation for filing the lawsuit, citing personal and professional reasons, emphasizing the importance of political and democratic institutions adhering to constitutional regulations. Quebec’s Justice Minister Simon Jolin-Barrette’s office responded to the legal action, affirming the province’s intent to defend its authority to modify its own regulations, highlighting that a majority of Quebecers oppose the monarchy and that the alteration respects the Quebec nation’s stance.
The Minister of Justice and Attorney General of Canada’s office declined to comment on the matter as it is before the courts. Recently, the Supreme Court of Canada announced its decision to hear a case regarding the constitutionality of requiring aspiring lawyers to swear allegiance to the reigning monarch. Alberta’s highest court previously ruled in December that such a requirement in the province was unconstitutional and infringed on religious freedom.