The leader of the Parti Québécois, Paul St-Pierre Plamondon, said last Sunday that he will refuse to take the oath to King Charles III if he is elected deputy on October 3. Would he have the right? We answer your questions.
• Read also: Here’s how Canada (and Quebec) could get rid of the British monarchy
• Read also: Why does an independent and potentially greener Quebec not attract young people?
Does an elected official have the right not to take an oath to the king?
According to article 128 of the Constitution Act of 1867each member, both federal and provincial, must take an oath to the British monarch, who is also the Canadian head of state, explains Patrick Taillon, professor of constitutional law at Laval University.
“So does he have to take an oath? The answer is yes. There are no unwritten rules. It’s written in black on white,” he insists.
According to the law, Paul St-Pierre Plamondon should therefore read aloud the following sentence: “I, Paul St-Pierre Plamondon, swear fidelity and sincere allegiance to His Majesty King Charles III, King of Canada, to his heirs and successors . So help me God.”
And if a member refuses, what is he exposed to?
In fact, the Canadian Constitution does not provide for any sanction, underlines Professor Taillon.
The Secretary General of the National Assembly, who receives the signature of the deputies who have taken the oath and who ensures that everything has been done according to the rules of the art, could however decide to impose a sanction.
However, it would be surprising to see the secretary general prevent an elected official from sitting in the Blue Room because he has not taken the oath to the monarchy. “It would not be in our customs and the spirit of the times,” explains the constitutionalist.
Simon Clark/QMI Agency
The deputies elected under the banner of the Parti Québécois in 2018 during their swearing-in.
Has a Quebec MP ever refused to to take an oath to the king (or queen)?
Never. Since 1982, each Quebec member must, however, take a second oath in which he promises to “be loyal to the people of Quebec” and to exercise his functions in “respect for the constitution of Quebec”. It was René Lévesque’s government that imposed this second oath.
Elected officials, however, used their imagination to show their disagreement with the oath of allegiance, for example, by mumbling the name of the monarch, by whispering it or by taking the oath in private, recalls Mr. Taillon. In 2018, Quebec solidaire (QS) had just taken the oath to the queen behind closed doors.
Simon Clark/QMI Agency
The solidarity deputies elected in 2018 during their swearing-in.
“What we haven’t seen is someone who clearly says that he will simply not take the oath to the king”, underlines Patrick Taillon.
Does PSPP have other options?
In an interview at the microphone of ICI Première, the leader of the Parti Québécois stressed that he intended to “confront the people at the National Assembly” responsible for the swearing-in protocol, that is the team of the secretary general.
“They will find a document for me to sign, but which does not mention the British monarchy, launched PSPP. I’ll find a way to make it clear that I don’t swear allegiance to a king.”
Photo archives QMI Agency, Joël Lemay
PQ leader Paul St-Pierre Plamondon
According to Patrick Taillon, if elected, the PQ leader could propose another word that refers to the monarchy, without however naming the king. The professor of constitutional law thinks, for example, of the word “State”.
How could Quebec get rid of the oath to the king?
The National Assembly could vote in favor of a law to abolish the oath to the British monarchy.
Solidarity deputy Sol Zanetti had also proposed Bill 192, aimed at recognizing the oath of deputies to the people of Quebec as the only obligatory oath upon taking office.
Last June, the solidarity deputy bill was debated. But in order for the bill to pass before the session, QS needed to gain cross-party support. The Liberal Party eventually blocked it.
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