A public law attorney who teaches at the University of Ottawa is seeking to have the law that makes the oath of allegiance to the king optional for members of the National Assembly struck down.
In the motion he filed Monday with the Superior Court in Montreal, Lawrence David accuses the Quebec government of exceeding its constitutional powers.
In December 2022, Quebec lawmakers passed Bill 4, which stipulated that only the oath of allegiance to the people of Quebec would henceforth be required to sit in Parliament.
In the past, to take their seats in the Salon Bleu, members of the National Assembly were required to take two oaths: the first to the people of Quebec, and the second to the British Crown.
Describing this practice as “humiliating,” members of the Parti Québécois (PQ) flatly refused in the fall of 2022 to pledge allegiance to the king.
Barred from entering, they were able to return to the Salon Bleu thanks to Bill 4.
However, by defying Section 128 of the Constitution Act, 1867, Quebec opened the door wide to legal challenges.
The issue has taken on a whole new level of importance in the run-up to Quebec’s general election, David argued in a telephone interview on Wednesday.
“If the politicians who are elected (…) do not take the oath following the election, they will not be able to legally hold office, which will affect the votes (…) and the legal validity of the laws,” he argued.
In his petition, he asserts that the Quebec law infringes on Quebecers’ right to vote, as well as their right to effective representation.
“Quebec voters will be voting for members of the National Assembly who (…) will not be able to legally take their seats. (…) It’s as if we were voting for just anyone—or for nothing at all!
“The representation provided by these members will not be effective from a legal standpoint,” he insists.
According to him, such a constitutional amendment requires the consent of the federal government and all Canadian provinces.
He, who is also the founder of the Public Interest Litigation Institute, explains that his action aims to “ensure respect for the rule of law, and therefore for the Constitution.”
“If the provinces start ignoring the rules for amending the constitution, it’s going to be a bit of a legal mess,” he says.
His action is also “personal,” he stated, since members of his family live in Montreal and he is seeking to protect their rights.
On Wednesday, PQ leader Paul St-Pierre Plamondon denounced the challenge on social media.
“As long as Quebec is not independent, its decisions (…) can be challenged by Canadian institutions, in complete disregard for our democratic choices,” he stated.
While visiting Montreal, Quebec Liberal Party leader Charles Milliard argued that the oath of allegiance to the king was not a “priority” issue.
“We voted to abolish it in the Liberal Party. (…) It was discussed by lawmakers in 2022. I think we can move on to another issue,” he told reporters.
For her part, Premier and leader of the Coalition Avenir Québec, Christine Fréchette, said she did not wish to comment on the matter.
–This report by La Presse Canadienne was translated by CityNews
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