Lawyer challenges Quebec’s law ending manadatory oath of allegiance to the King

A University of Ottawa law professor, Lawrence David, is disputing a 2022 Quebec law that altered the oath of allegiance legislators must take. The law, introduced in December 2022, stipulated that new legislators would only need to swear allegiance to the people of Quebec rather than to both the people and the British Crown, as previously required. This change came after Parti Québécois members were initially blocked from sitting in the legislature due to their refusal to swear allegiance to King Charles.

David's motion, filed in Superior Court, asserts that the Quebec government overstepped its constitutional authority in passing the law. He contends that the amendment to the 1867 Constitution Act, which exempted Quebec from the oath requirement, is unconstitutional. The professor argues that the law infringes on Quebecers' rights to vote and receive effective representation, as legislators who do not take the oath would not be legally seated, potentially undermining the legitimacy of the laws they pass.

The constitutional amendment in the law, according to David, necessitates the consent of the federal government and all Canadian provinces. He emphasizes his initiative is aimed at preserving the rule of law and the Constitution. The professor, who is also the founder of the Public Interest Litigation Institute, seeks to ensure the adherence to constitutional rules and prevent a potential legal chaos if provinces disregard constitutional amendment procedures.

David's challenge is both professional and personal, as members of his family reside in Quebec and he aims to protect their rights. The move has been met with criticism from the Parti Québécois, with leader Paul St-Pierre Plamondon stating that the law was unanimously adopted. He argued that Quebec's decisions and will can still be challenged by Canadian institutions, disregarding Quebec's democratic choices.

Liberal Party leader Charles Milliard dismissed the oath to the king as a non-priority issue, stating that it was previously discussed by lawmakers in 2022. He suggested moving on to other matters. Premier Christine Frechette did not provide a comment on the matter.