The org’s request comes after the Parti Québécois won a minority government in Quebec this week
On the heels of a provincial election that secured a minority government for the Parti Québécois this week, a nonprofit legal organization is asking the Superior Court of Quebec for an injunction requiring all elected politicians to pledge allegiance to the king, despite a 2022 provincial law allowing legislators to skip the oath.
In an application filed with the court on Tuesday, the Public Interest Litigation Institute alleged that “at least a majority” of the politicians Quebec voters elected to the National Assembly will not take the oath of allegiance before the legislature reconvenes on November 17.
Members of Parliament and Canada’s provincial legislatures have historically been required to take the oath as a condition of taking office, the organization argued, adding that this requirement is set out in s. 128 of the Constitution Act, 1867.
But the organization alleged that the National Assembly tried to circumvent this requirement months after Quebec’s last election in 2022 by unanimously passing Bill 4, which exempted the province’s legislators from the rule. That year, several Parti Québécois members were denied entry to the legislature after refusing to swear an oath to King Charles. Meanwhile, Québec solidaire had temporarily decided not to include an oath to the king at their members’ swearing-in ceremonies.
The Parti Québécois clinched 59 seats in this week’s provincial election, while Québec solidaire secured nine seats. Sixty-four seats are required for a majority government.
The Public Interest Litigation Institute filed a lawsuit in August challenging the constitutionality of Bill 4 with the October election in mind. The organization argued that the law harms Quebec’s voters, since it is invalid and would therefore prevent provincial legislators from fulfilling a condition required for them to vote in the National Assembly and properly represent their constituents.
On Wednesday, Lawrence David, a University of Ottawa professor and founder of the Public Interest Litigation Institute, told Canadian Lawyer it could take years for the courts to resolve the lawsuit on its merits. David says the organization opted to seek an injunction before the National Assembly reconvenes in November, so that all elected politicians in Quebec must take the oath of allegiance before they can participate in legislative activities, including voting on legislation.
“This is not about Quebec bashing,” David says. “It’s really about ensuring that Quebec remains strong and prosperous in a united Canada under the rule of law.”
He adds that Canada is “characterized by democracy, the rule of law, respect for democratic institutions.
“What we are seeing in Quebec is an intentional and deliberate maneuver to completely disregard the applicable rules,” David says. “Every person in Canada expects that governments and elected officials will abide by the applicable law.”
In a statement, a spokesperson said the Quebec Attorney General intends to defend the validity of the laws adopted by the National Assembly.
Spokespeople for the Parti Québécois and Québéc solidaire did not immediately respond to requests for comment.
However, in a press conference on Tuesday after winning the provincial election, Parti Québécois leader Paul St. Pierre Plamondon reportedly said he does not intend to swear an oath to the king when he is sworn in. Plamandon also said he plans to seek legal advice on how to stop Quebec’s lieutenant governor from participating in the opening of the parliamentary session in the Quebec legislature.
The Public Interest Litigation Institute’s injunction request listed other instances in which Parti Québécois and Québéc solidaire indicated their opposition to pledging allegiance to the king, including Plamondon’s response to the organization’s lawsuit in August. At the time, Plamondon posted on X that Quebec's elected officials are loyal to the people of Quebec, not the monarchy.
He also said that as long as Quebec is not independent, Canadian institutions will continue to challenge the province's decisions even when they’re unanimous.
The concern that the majority of Quebec’s newly-elected lawmakers will not take the oath of allegiance “is not speculative,” the Public Interest Litigation Institute argued.
