QUEBEC — Former provincial justice minister Marc Bellemare says he'll appeal a Quebec Superior Court ruling ordering him to testify before the province's chief returning officer.

Bellemare, whose allegations of political interference in the appointment of judges has made headlines in Quebec for months, says answering the electoral official's questions would require him to break his oath of cabinet confidentiality.

"We find it unacceptable to go before the C.R.O. before the issue of the confidentiality policy is settled," he said Thursday.

Bellemare maintains that Justice Yves Alain erred in his ruling.

Bellemare is to appear before the Chief Returning Officer on Aug. 20, although he expects to get a decision from the Court of Appeal before then.

Bellemare filed a motion last April to quash a subpoena from the office of the returning officer, which wanted him to testify after making allegations of political cronyism in the appointment of judges.

Bellemare alleges Liberal party fundraisers would pick the people they wanted as judges, and the government would bend to their demands.

He says he tried raising his concerns with Premier Jean Charest and was ignored. Charest has responded by calling a public inquiry and he sued Bellemare for defamation.

The judge ruled Thursday that it was too early to tell what questions the returning officer would pose or whether they would cause Bellemare to break his cabinet oath.

Bellemare was justice minister for a year, until April 2004.

"The subpoena is clear," Alain ruled, saying it merely seeks Bellemare's explanation for his allegations of political favouritism.

"This challenge is premature and the questions that will be asked remain in the realm of hypothesis."

Alain also criticized the Office of the Chief Returning Officer for saying the judge should have acted more quickly, calling the comments "abusive."

The justice locked horns several times with Bellemare's lawyer during the proceeding and when told an appeal was planned, Alain wished lawyer Jean-Francois Bertrand "good luck."