Quebec Court Hears Challenge to Law Abolishing Oath of Allegiance to King

A constitutional legal challenge in Quebec is questioning whether laws passed by the province's legislature could be legitimate after members of the National Assembly stopped taking the traditional Oath of Allegiance to the King.

During a court hearing on Tuesday, Lawrence David, founder of the Public Interest Litigation Institute, argued that members of the National Assembly who refuse to take the oath are not legally entitled to sit, participate in parliamentary proceedings or vote on legislation.

Legal Challenge Targets Bill 4

David and his organisation are asking the Quebec Superior Court to declare Bill 4 unconstitutional. The law, unanimously passed in 2022, exempted Quebec legislators from the requirement to swear allegiance to the King.

The applicants are also seeking an interim court order requiring members of the National Assembly to take the oath before the legislature reconvenes. The next session is expected to begin in November, although the provincial government has indicated that the date could change.

Nearly 100 members of the National Assembly have reportedly been sworn in without taking the oath. Incoming Premier Paul St-Pierre Plamondon has also requested that Quebec's lieutenant-governor, Manon Jeannotte, not preside over his cabinet's swearing-in ceremony.

Government Disputes Need for Urgent Ruling

Lawyers representing the Attorney General of Quebec argued that there was no urgent need for the court to rule on Bill 4 before the legislature resumes. They noted that the law has been in effect since 2022 and that the National Assembly has continued to operate and pass legislation.

David, however, maintains that the issue concerns constitutional requirements rather than a debate over monarchy versus republicanism. He argues that the refusal to take the oath could also raise questions about the lieutenant-governor's role in granting royal assent to legislation.

Court Decision Expected Before Legislature Resumes

The legal dispute comes amid renewed debate over Quebec's relationship with the monarchy, with the incoming premier expressing plans to sever the province's remaining ties to the institution.

Quebec Superior Court Judge Ian Demers is considering the arguments and is expected to deliver a decision before the National Assembly's next session begins. The ruling could determine whether the province's exemption from the oath requirement can stand under Canada's constitutional framework.

CBC News