Court Bid Could Force Quebec’s Incoming MNAs to Swear Oath to the King

Quebec’s incoming government is heading toward a constitutional showdown before the new legislature opens.

The Parti Québécois has won the provincial election, and leader Paul St-Pierre Plamondon is set to become premier. But a court challenge to Quebec’s law allowing legislators to forgo an oath of allegiance to the King could reshape the swearing-in process for him and incoming MNAs.

Court challenge targets Bill 4

Lawrence David and the Public Interest Litigation Institute are challenging Bill 4, the 2022 law that allows Quebec legislators to bypass the oath of allegiance to the King. They are also seeking an interim injunction from the Quebec Superior Court that would suspend the law and restore the mandatory oath.

Quebec’s government adopted the oath-bypass clause in December 2022.

David has argued that Quebec cannot unilaterally set aside constitutional requirements. “Quebec’s law is unconstitutional,” he told Global News. “We’re challenging it and now we’re seeking this interim injunction to freeze it as soon as possible.”

The legal action comes at a pivotal moment for the province. St-Pierre Plamondon has committed not to swear an oath of allegiance to the King when he is sworn in.

David, founder of the Public Interest Litigation Institute, said the dispute concerns more than a political disagreement with the monarchy. “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,” he told Global News.

A tight legislative timetable

The injunction application is before the Quebec Superior Court, with a hearing expected between Oct. 19 and Nov. 9. The opening of the 44th legislative session is scheduled for Nov. 17.

That timetable gives the court challenge added urgency. If the injunction is granted, St-Pierre Plamondon and incoming MNAs could be required to swear allegiance to the King before taking their seats or assuming office.

David has framed the request as an effort to ensure elected officials follow the existing constitutional framework. “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.

The Public Interest Litigation Institute has sought an emergency order while its broader challenge to Bill 4 proceeds. In court filings cited in source reporting, David’s side contends the oath is required before legislators can lawfully take their seats and participate in parliamentary activity.

A spokesperson for Quebec’s Attorney General said the province intends to defend the validity of laws adopted by the National Assembly, according to Canadian Lawyer.

Lieutenant-governor question remains

The oath dispute is unfolding alongside another question about Quebec’s constitutional institutions.

St-Pierre Plamondon has sought legal advice on whether Quebec’s lieutenant-governor, Manon Jeannotte, must attend the swearing-in and opening proceedings. Before the PQ’s election victory, he said Jeannotte would not be welcome at the opening speech if his party won.

Now set to lead the government, he has asked for a legal opinion on the lieutenant-governor’s required role.

For David, the incoming government’s approach raises a broader concern about constitutional limits. “This is not about Quebec bashing,” he told Canadian Lawyer. “It’s really about ensuring that Quebec remains strong and prosperous in a united Canada under the rule of law.”

The court’s decision on an interim injunction will determine whether the new government’s first ceremonial steps must include an oath its premier-designate has already said he will not take.

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