Oath of Allegiance litigation
PILI has initiated a constitutional challenge against Quebec's legislation that purports
to unilaterally abolish the oath of allegiance required under section 128 of the Constitution Act, 1867
Challenging provincial powers of unilateral constitutional amendment
PILI contends that the Quebec law is unconstitutional because it exceeds the scope of provincial powers of unilateral constitutional amendment entrenched in section 45 of the Constitution Act, 1982. Section 45 strictly excludes any amendments affecting the office of the King or the office of the Lieutenant Governor.
In addition, provinces cannot unilaterally amend the text of the Constitution Act, 1867 or Canada’s identity and structure as a constitutional monarchy.
The judicial application filed by PILI in Quebec Superior Court is accessible here.
A recent opinion piece published on Law360.ca is accessible here.
Protecting democratic rights under the Charter
PILI also contends that the Quebec law violates section 3 of the Canadian Charter of Rights and Freedoms, which protects the right to vote and the right to effective representation.
Without taking the mandatory oath of allegiance, elected officials lack legal authority, placing all of their votes and the statutes adopted by the legislature at serious risk of legal invalidity.
