QUÉBEC – A University of Ottawa law professor is challenging a 2022 Quebec law that made it optional for legislature members to swear an oath of allegiance to the King.
Lawrence David filed a motion in Superior Court on Monday that accuses the Quebec government of exceeding its constitutional powers.
His challenge stems from a law passed in Dec. 2022 which stipulated that incoming legislature members would only be required to swear allegiance to the people of Quebec in order to take their seats in Parliament.
They were previously required to take two oaths, with the second being to the British Crown.
The law was changed after Parti Québécois members were temporarily barred from taking their seats in the legislature after they refused to swear allegiance to King Charles.
Bill 4 amended a section of the 1867 Constitution Act to exempt Quebec from the section that requires the oath.
David said it’s the right time to challenge the law, with a provincial election on the horizon.
In his motion, he argues that the Quebec law infringes on Quebecers’ right to vote as well as their right to effective representation. He argued that politicians who don’t take the oath won’t be sitting legally, which would impact the validity of the laws they pass.
“The representation provided by these members will not be effective from a legal standpoint,” he said.
He believes the constitutional amendment included in the law requires the consent of the federal government and all Canadian provinces.
David, who is also the founder of the Public Interest Litigation Institute, says his initiative 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 said.
His move is also personal, he said, since members of his family live in Quebec and he’s seeking to protect their rights.
Parti Québécois leader Paul St-Pierre Plamondon denounced the challenge on social media, noting that the law had been unanimously adopted.
“As long as Quebec is not independent, the decisions and will of Quebecers can be challenged by Canadian institutions, in complete disregard of our democratic choices,” he said.
Quebec Liberal Party Leader Charles Milliard said the oath to the king was not a priority issue.
“It was discussed by lawmakers in 2022. I think we can move on to another issue,” he told reporters in Montreal.
Premier Christine Fréchette declined to comment.
This report by The Canadian Press was first published Aug. 12, 2026.
