Constitutional challenge filed against Quebec law making oath to King optional
A University of Ottawa law professor argues Bill 4 exceeds provincial powers and threatens voting rights ahead of the next election.
The day's top stories, food & events — every morning at 7. Unsubscribe anytime.
A constitutional challenge has been filed against Quebec's law making the oath of allegiance to the King optional for National Assembly members, raising questions about the legal validity of elected representatives and future laws.
Lawrence David, a public law professor at the University of Ottawa and founder of the Public Interest Litigation Institute, filed the motion Monday in Superior Court in Montreal. He accuses the Quebec government of exceeding its constitutional powers by defying Section 128 of the Constitution Act, 1867, which requires the oath to the Crown.
Quebec passed Bill 4 in December 2022, stipulating that only the oath to the people of Quebec would be required going forward. The change allowed Parti Québécois members to take their seats after they refused to pledge allegiance to the King in fall 2022, which had barred them from the National Assembly.
David argues the law infringes on voters' rights. "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," he said. He contends that such a constitutional amendment requires consent from the federal government and all Canadian provinces.
"If the provinces start ignoring the rules for amending the constitution, it's going to be a legal mess," David stated, noting his action is also personal since family members live in Montreal.
PQ leader Paul St-Pierre Plamondon criticized the challenge on social media, stating that as long as Quebec is not independent, "its decisions can be challenged by Canadian institutions, in complete disregard for our democratic choices." Quebec Liberal Party leader Charles Milliard said the oath issue is not a "priority," while Premier Christine Fréchette declined to comment.
What is the timeline for the Superior Court to hear this case before the next election?
Will Quebec's government mount a formal legal defense, and if so, on what grounds?
We'll update this story as answers emerge.
The facts
Who filed the constitutional challenge against Quebec's oath law?
Lawrence David, a public law professor at the University of Ottawa and founder of the Public Interest Litigation Institute, filed the motion on Monday, August 10, 2026, in Superior Court in Montreal.
When did Quebec pass Bill 4?
Quebec passed Bill 4 in December 2022, making the oath of allegiance to the King optional for National Assembly members.
What does Lawrence David argue the law infringes on?
Lawrence David argues that the law infringes on voters' rights, contending that Quebec voters will be voting for members of the National Assembly who will not be able to legally take their seats.
