A constitutional battle is brewing in Quebec as a non-profit legal organization seeks to suspend a provincial law that no longer requires members of the national assembly to swear allegiance to the monarch.
The legal challenge comes as premier-elect Paul St-Pierre Plamondon and the Parti Québécois prepare to take office following the party’s election victory Monday night.
St-Pierre Plamondon, who has previously refused to swear allegiance to the King, has no plans to take the oath.
Lawyer Lawrence David, founder of the Public Interest Litigation Institute, is challenging the Quebec law and seeking an interim injunction to suspend it.
“Mr. St-Pierre Plamondon is well aware, as a lawyer, that we live in a democracy governed by a constitution, laws and that one cannot simply freely flout the rules that one does not agree with,” David told Global News on Friday.
David argues the Quebec law is unconstitutional and cites Section 128 of the Constitution Act, 1867, which refers to the oath of allegiance.
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He also points to Section 41 of the Constitution Act, 1982, which he says requires unanimous consent from the House of Commons and all provinces for changes.
“Quebec’s law is unconstitutional. We’re challenging it and now we’re seeking this interim injunction to freeze it as soon as possible,” David said.
The legal fight comes four years after St-Pierre Plamondon refused to swear allegiance to the King and was initially denied entry to the national assembly’s Blue Room.
“There’s nothing that obliges a consequence just because we didn’t swear an oath to the King of England,” St-Pierre Plamondon said back in 2022.
The premier-elect said Tuesday that a legal opinion is needed on whether the Lieutenant-Governor, Quebec’s representative of the monarch, must be present during the swearing-in ceremony.
St-Pierre Plamondon met with his newly elected MNAs this week for the first caucus meeting of all 59 members following the PQ’s victory.
Lawyers seeking to temporarily suspend the Quebec law are facing a tight timeline, with the national assembly’s 44th legislature slated to begin Nov. 17.
“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,” David told Global.
Lawyers for both sides are expected back in court later this month to make their arguments before a judge.
If the court grants the injunction sought by the non-profit organization, St-Pierre Plamondon could be required to swear allegiance to the King before assuming office.