Quebec constitutional lawyer challenges 2022 law ending legislators' oath to the King

A constitutional lawyer has filed a suit in Quebec Superior Court to overturn the 2022 statute that removed the mandatory oath to the monarch for members of the National Assembly.

Lawrence David, a constitutional scholar from the University of Ottawa and founder of the Public Interest Litigation Institute, lodged a lawsuit in Montreal's Quebec Superior Court to strike down Bill 4, the 2022 law that eliminated the oath of allegiance to the King for Quebec legislators. The suit asserts that the province lacked the constitutional power to alter the oath provision without the unanimous approval of the House of Commons, the Senate and every provincial legislature, as required by the Constitution Act of 1867.

It also claims the amendment infringes Section 3 of the Canadian Charter of Rights and Freedoms by undermining the right to effective representation for voters whose candidates refuse the oath. The Attorney General of Quebec is named as the primary respondent, with the Attorney General of Canada listed as an interested party. The legislation, passed unanimously by the Coalition Avenir Québec government after pressure from the separatist Parti Québécois, had previously barred PQ members who declined to swear allegiance from taking their seats.

With the next provincial election set for October 5, the plaintiffs warn that any legislation passed by a body lacking the oath could be deemed invalid. Quebec's Justice Ministry and Canada's Justice Department have not yet responded to requests for comment.