A request for an urgent court order has been made by a constitutional lawyer to compel the incoming Parti Québécois government to pledge allegiance to King Charles. The Public Interest Litigation Institute, led by Lawrence David, filed an application for a temporary halt at the Quebec Superior Court. David emphasized the importance of political parties adhering to Canadian democratic laws, regardless of their affiliations. He underscored the necessity of upholding applicable laws by governments, stating that legal actions are crucial in ensuring compliance.
The injunction seeks an immediate suspension of a 2022 provincial law that made the oath to the monarch optional for National Assembly members. This legal move follows the Parti Québécois’ victory in the recent election. Premier-designate Paul St-Pierre Plamondon has expressed intentions to reduce funding to the lieutenant-governor’s office as part of efforts to “abolish” the monarchy in Quebec.
The legal filing argues that elected MNAs who refuse to take the oath to the King may not be constitutionally qualified to serve in the legislature. It warns that laws passed by such an unlawfully constituted body, particularly those aiming to abolish the lieutenant governor, would be null and void, potentially leading to an unprecedented legal crisis. The case is set to be presented in a Montreal court on Friday, with implications for MNAs having to fulfill the oath requirement before taking their seats when the National Assembly reconvenes on November 17.
Constitutional law expert Karine Millaire, an associate professor at Université de Montréal, noted that an ongoing constitutional challenge of the 2022 law has set the stage for such injunctions. She explained that the burden rests on the applicants to present strong legal arguments. Millaire highlighted the potential for these discussions on the monarchy to escalate into a constitutional crisis, emphasizing the need for caution in handling such matters.