A constitutional lawyer has filed a legal challenge in Quebec Superior Court to overturn a 2022 Quebec law that eliminated the requirement for members of the province’s National Assembly to swear allegiance to the King. The lawsuit, brought forth by the Public Interest Litigation Institute and its founder Lawrence David, argues that the provincial government exceeded its constitutional authority.
The law in question, known as Quebec’s Bill 4, was unanimously passed in December 2022 and amended the Constitution Act of 1867 to remove the obligation for Quebec legislators to pledge allegiance to the monarch. This legislative change was initiated by the Coalition Avenir Québec (CAQ) government following pressure from the separatist Parti Québécois (PQ), whose members had refused to take the oath to King Charles III and were subsequently prohibited from taking their seats.
The lawsuit contends that Quebec needed the unanimous approval of the House of Commons, the Senate, and all provincial legislatures to eliminate the mandatory oath. Furthermore, it asserts that the law violates Section 3 of the Canadian Charter of Rights and Freedoms, which guarantees the right to effective representation, as individuals who do not take the oath are deemed ineligible to serve as MNAs.
With the upcoming provincial election slated for October 5, the lawsuit raises concerns that any laws enacted by an assembly comprising members who have not pledged allegiance may be invalidated. Lawrence David, in an interview with CBC, emphasized the importance of upholding constitutional regulations within political and democratic institutions.
While Quebec has vowed to defend the law, stating that the alteration aligns with the will of the majority of Quebecers who reject the monarchy, the office of Quebec Justice Minister Simon Jolin-Barrette affirmed its intention to uphold Quebec’s autonomy in setting its own regulations. Similarly, the office of the Minister of Justice and Attorney General of Canada declined to comment on ongoing legal matters.
In a separate development, 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. The Alberta court recently ruled that such a requirement infringes on the Constitution and religious freedoms.