{"id":855731,"date":"2026-08-12T20:10:10","date_gmt":"2026-08-12T20:10:10","guid":{"rendered":"https:\/\/www.newsbeep.com\/ca\/855731\/"},"modified":"2026-08-12T20:10:10","modified_gmt":"2026-08-12T20:10:10","slug":"quebecs-break-with-the-king-to-face-constitutional-challenge","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/ca\/855731\/","title":{"rendered":"Quebec\u2019s break with the King to face constitutional challenge"},"content":{"rendered":"<p class=\"wp-block-paragraph\">Quebec\u2019s next election could produce an unlawfully constituted National Assembly, a constitutional lawyer has claimed in a lawsuit seeking to restore the mandatory oath of allegiance to the King.<\/p>\n<p class=\"wp-block-paragraph\">In 2022, Quebec abolished the oath after three Parti Qu\u00e9b\u00e9cois members <a href=\"https:\/\/montrealgazette.com\/news\/provincial-news\/refusing-to-take-oath-to-king-14-politicians-now-in-legal-limbo-at-legislature\/\" target=\"_blank\" rel=\"noreferrer noopener nofollow\">refused to swear allegiance<\/a> to King Charles III and were barred from sitting in the legislature. But Lawrence David argues that MNAs who do not take the oath cannot legally sit, putting their votes \u2014 and potentially the laws they pass \u2014 in doubt.<\/p>\n<p class=\"wp-block-paragraph\">The lawsuit, obtained by The Gazette, was filed in Quebec Superior Court Monday, less than two months before the Oct. 5 election. David, who teaches at the University of Ottawa\u2019s faculty of law, filed the application with the Public Interest Litigation Institute, which he founded.<\/p>\n<p class=\"wp-block-paragraph\">\u201cThe oath is not a personal oath to the King,\u201d he told The Gazette. \u201cIt is an oath to the monarchy as the personification of the Canadian state, of the Canadian constitution, its democratic values and the structure and nature of the government it establishes. \u201d<\/p>\n<p class=\"wp-block-paragraph\">As such, the lawsuit seeks to strike down Bill 4, he said, which added a provision to the Constitution Act of 1867, exempting Quebec legislators.<\/p>\n<p class=\"wp-block-paragraph\">David, also a Montrealer, argues the change affects the role of the Crown and therefore required the unanimous approval of the House of Commons, the Senate and every provincial legislature.<\/p>\n<p class=\"wp-block-paragraph\">The application also alleges <a href=\"https:\/\/montrealgazette.com\/news\/provincial-news\/quebec-mnas-vote-to-abolish-oath-to-king-as-assembly-wraps-up-for-holidays\/\" target=\"_blank\" rel=\"noreferrer noopener nofollow\">the law<\/a> violates the Canadian Charter of Rights and Freedoms by infringing on Quebecers\u2019 right to effective representation and elected politicians\u2019 right to sit in the legislature.<\/p>\n<p class=\"wp-block-paragraph\">The lawsuit names Quebec\u2019s attorney general Simon Jolin-Barrette as the respondent and Canada\u2019s attorney general, Sean Fraser, as an interested party.<\/p>\n<p class=\"wp-block-paragraph\">The Gazette reached out to Jolin-Barrette but did not receive a response before publication. A spokesperson for Fraser, who is also the federal justice minister, said it would be inappropriate to comment on a matter before the courts.<\/p>\n<p>On Quebec Politics<\/p>\n<p class=\"wp-block-paragraph\">The Gazette\u2019s On Quebec Politics newsletter by Andy Riga breaks down key election issues, from polling shifts to legislative manoeuvring to ideas circulating in francophone commentary that don\u2019t make it into English-language coverage.<\/p>\n<p class=\"wp-block-paragraph\">To sign up, <a href=\"https:\/\/cac02da7-7e38-4812-b59b-54afda02c09f.us07.ldpgs.com\/mg-newsletters\" target=\"_blank\" rel=\"noreferrer noopener nofollow\">visit this page<\/a> and check the box labelled \u201cOn Quebec Politics\u201d before providing your email address.<\/p>\n","protected":false},"excerpt":{"rendered":"Quebec\u2019s next election could produce an unlawfully constituted National Assembly, a constitutional lawyer has claimed in a lawsuit&hellip;\n","protected":false},"author":2,"featured_media":855732,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[22],"tags":[49,48,295,230663,66],"class_list":["post-855731","post","type-post","status-publish","format-standard","has-post-thumbnail","category-environment","tag-ca","tag-canada","tag-environment","tag-parti-quebecois-pq","tag-science"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/posts\/855731","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/comments?post=855731"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/posts\/855731\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/media\/855732"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/media?parent=855731"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/categories?post=855731"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/tags?post=855731"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}