Removing the oath of allegiance from deputies of the National Assembly would be impossible, it is repeated, as it is a constitutional requirement. But in Canadian constitutional law, fatalism hides ideology.
The National Assembly would run a slight legal risk simply by attempting to drop into disuse the article of the Constitution which imposes an oath of allegiance to the Queen. This antiquated practice would find itself in good company by joining other now defunct, though never formally repealed, provisions of the 1867 Act, such as the Crown’s power to disallow Acts of the House of Commons.
However, one must know the organizational culture in the National Assembly to anticipate resistance from some employees, who literally revel in the legal aspects of the British monarchical symbols that surround them such as the lieutenant governor, the scepter or the oath of allegiance. to the sovereign, and who consider themselves its guardians. A microcosm disconnected from the values of the population, but which will find allies among a certain fringe of good Quebec society, which holds troublemakers in horror, regardless of the values and principles at the origin of their claims, and is devoid of notions of constitutional law.
Ultimately, the Office of the National Assembly, made up of elected officials, has the power to change practices. From this board, Paul St-Pierre Plamondon expects an eminently political and sociological position with transformative potential, and not a positivist application of the Canadian Constitution.
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