Legal Expert Challenges Quebec Law Eliminating Oath to King

A legal expert is challenging a Quebec law enacted in 2022 that eliminated the compulsory Oath of Allegiance to the King for members of the National Assembly, contending that the provincial government exceeded its constitutional authority. The petition was submitted in Montreal’s Quebec Superior Court 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 names the Attorney General of Quebec as the defendant and the Attorney General of Canada as an interested party. The legal action targets Quebec’s Bill 4, which was unanimously passed in December 2022, amending the Constitution Act of 1867 to exclude Quebec legislators from pledging allegiance to the monarch. The legislation was introduced by the Coalition Avenir Québec (CAQ) government following pressure from the separatist Parti Québécois (PQ) after several PQ members refused to swear allegiance to King Charles III and were consequently disqualified from their positions. The lawsuit argues that Quebec needed unanimous consent from the House of Commons, the Senate, and all provincial legislatures to eliminate the mandatory oath. It further alleges that the law violates Section 3 of the Canadian Charter of Rights and Freedoms by denying effective representation to politicians who do not take the oath, deeming them unqualified to serve as Members of the National Assembly (MNAs). With the upcoming provincial election scheduled for October 5, the lawsuit contends that legislation passed by an assembly comprising members who have not pledged allegiance could be invalidated. Lawrence David stated in an interview with CBC 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. Quebec’s Justice Minister Simon Jolin-Barrette’s office expressed its intention to defend the law, emphasizing that the amendment reflects the majority opinion in Quebec, which rejects the monarchy. The province asserts its right to modify its own regulations within the constitutional framework. The Minister of Justice and Attorney General of Canada’s office declined to comment on the legal proceedings, citing the inappropriateness of discussing matters before the courts. The Supreme Court of Canada recently announced its decision to review a case concerning the constitutionality of requiring aspiring lawyers to swear allegiance to the reigning monarch, following Alberta’s top court ruling that such a mandate infringes on the Constitution and religious freedoms.