During a recent hearing, a constitutional expert contended that laws enacted by the future Quebec legislature would lack validity as long as a majority of MNAs declined to take the Oath of Allegiance. Lawrence David, the founder of the Public Interest Litigation Institute (PILI), highlighted that Quebec’s Bill 4, which eliminated the requirement to swear allegiance to the King, could result in MNAs unlawfully occupying seats in the National Assembly.
David emphasized that politicians who abstain from taking the oath are not legally authorized to participate in parliamentary proceedings or vote on legislation. He and PILI are challenging the constitutionality of Bill 4, which was unanimously passed in 2022. They are urging the court to issue a stay and compel MNAs to take the oath before the National Assembly reconvenes on November 17, with the government potentially considering a delay to November 24.
Nearly 100 MNAs, including the incoming premier Paul St-Pierre Plamondon, have rejected the oath in recent ceremonies. Plamondon has also requested that the lieutenant-governor, a representative of the monarchy, not oversee the swearing-in of his cabinet on Wednesday. David argued that these actions, along with Plamondon’s intentions to sever ties with the monarchy, undermine the King’s status and authority, potentially leading to disrespect for the monarch’s office and powers.
David stressed that failing to uphold the oath could impact the lieutenant-governor’s ability to provide royal assent, the final approval needed for bills to become law. He clarified that the court challenge is not a debate on monarchy versus republicanism but rather emphasizes respect for the constitution.
According to Quebec’s Attorney General lawyers, there is no immediate urgency to address the constitutionality of Bill 4 before the National Assembly reconvenes, as the law has been operational since 2022 without hindering legislative functions. The PQ’s three MNAs were previously barred from the National Assembly’s Blue Room for refusing to pledge allegiance to the King.
Bill 4 amends the Constitution Act of 1867 by exempting Quebec from the section that mandates the oath. Judge Demers will review the arguments and deliver a decision before the session commences next month.
