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A non-profit legal organization is mounting a constitutional challenge in Quebec, seeking to suspend a provincial law that removed the requirement for members of the national assembly to swear allegiance to the King. The legal battle comes as premier-elect Paul St-Pierre Plamondon and the Parti Québécois prepare to take office following their election victory.
Legal Challenge Targets Quebec’s Oath Law
Lawyer Lawrence David, founder of the Public Interest Litigation Institute, filed the challenge and is seeking an interim injunction to freeze the Quebec law. David argues the law violates the Canadian constitution. He cites Section 128 of the Constitution Act, 1867, which addresses the oath of allegiance, and Section 41 of the Constitution Act, 1982, which requires unanimous consent from the House of Commons and all provinces before such changes can take effect.
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“Quebec’s law is unconstitutional,” David told Global News. “We’re challenging it and now we’re seeking this interim injunction to freeze it as soon as possible.”
David also directed criticism at St-Pierre Plamondon directly. “Mr. St-Pierre Plamondon is well aware, as a lawyer, that we live in a democracy governed by a constitution and laws, and that one cannot simply freely flout the rules that one does not agree with,” he said on Friday.
Premier-Elect Has No Plans to Take the Oath
St-Pierre Plamondon has previously refused to swear allegiance to the King and has no plans to do so now. This issue is not new for him. Four years ago, in 2022, he refused the oath and was initially denied entry to the national assembly’s Blue Room as a result.
“There’s nothing that obliges a consequence just because we didn’t swear an oath to the King of England,” he said at the time.
This week, St-Pierre Plamondon met with all 59 newly elected Parti Québécois members for their first caucus meeting following the party’s election victory. He also indicated Tuesday that a legal opinion may be needed on whether the Lieutenant-Governor, Quebec’s representative of the monarch, must be present at the swearing-in ceremony.
Tight Timeline as Legislature Prepares to Open
Lawyers pushing for the injunction face significant time pressure. The national assembly’s 44th legislature is scheduled to begin on November 17. Both sides are expected to return to court later this month to present their arguments before a judge.
David warned that the politicians’ refusal to comply carries real consequences. “The politicians who are refusing to take the oath are saying they’re standing up for the people, but their manoeuvres are literally leading to violations,” he told Global News.
If the court grants the injunction, St-Pierre Plamondon could be required to swear allegiance to the King before he can formally assume office. The outcome of the case may have broader implications for how Quebec’s constitutional obligations are interpreted and enforced.
