Supreme Court Justice Tracey DeWare says the charter protections for New Brunswick’s unique bilingual status mean that a lieutenant-governor in this county must be bilingual. Brenda Murphy is not. DeWare stops calling the appointment unconstitutional and invalid, saying declaring the post vacant would create chaos in New Brunswick. You will question all the laws that Murphy has signed and the appointments and other decisions of the cabinet made in her name. “Such a situation would create a legislative and constitutional crisis in the county of New Brunswick, which is not necessary to adequately justify these violated language rights,” he wrote. It says its decision should be “sufficient to ensure appropriate and timely action by the government to rectify the situation”, leaving it to the federal government to decide on the timetable and “the extent of this action”. A Murphy’s spokeswoman said her office had not yet digested the decision and had not yet commented. “This is a legal issue that is being addressed at the federal level and questions should be addressed there,” said Communications Director Alex Robichaud. In Calgary, Deputy Prime Minister Chrystia Freeland told reporters she was unaware of the decision. DeWare’s decision is based on three parts of the map that apply to New Brunswick only. Section 16 (2) states that English and French have equal status “in all the institutions of the New Brunswick legislature and government”, while section 16.1 (2) requires the legislature and the government to “maintain and to promote “the equality of English and French. Section 20 (2) guarantees the right of any New Brunswicker to communicate with or receive services from “any New Brunswick legislature” in English or French.
The challenge is not for Murphy, the team says
The Acadian Society of New Brunswick launched the challenge, arguing that these sections apply to the position of lieutenant-captain.
The federal government responded that because the appointment is made by the Governor-General on the advice of the Prime Minister, it can not be reviewed by the courts.
But DeWare found that because the dispute raised constitutional issues, the court had a duty to hear the case.
President Alexandre Cédric Doucet said the union was not seeking Murphy to step down or step down.
“Let’s be clear. This lawsuit was never against the honorable Brenda Murphy. It was against the process.”
Alexandre Cédric Doucet, president of the Acadian Society of New Brunswick, says the challenge was not to remove Murphy from her role, but to force the federal government to change the language criteria required for the appointment of lieutenants. (Radio Canada)
He said the right answer would be for the federal government to amend its legislation on bilingual appointments to make it clear that future vice-governors in New Brunswick must be bilingual.
The decision is likely to be appealed, experts say
Political scientist Stephanie Chouinard said that while the decision would not affect other provinces, similar provisions of the charter that apply to the federal government could have implications for Govt. “There is no doubt in my mind that this decision will be appealed,” he said. Governor General Simon Simon speaks English and Inuktitut but does not speak French. The DeWare ruling calls the trial “an inevitable crossroads” of executive, legislative and judicial powers and an “awkward exercise” over complex jurisdictional issues. While the language provisions of the statutes and laws do not usually require individuals to be bilingual, DeWare points out that the lieutenant-captain has a “peculiar and unique role”. No one else can intervene in her role to fulfill her bilingual duties, the ruling said. Simply arguing that the requirements of bilingualism do not extend to a Vice-Governor because he, as an individual, cannot be considered an “institution” is a blatant oversimplification of a complex issue and does not take into account its unique character and constitutional quality. of the role itself “. New Brunswick University law professor Kerri Froc called the ruling “an unreasonable interpretation” of the charter and predicted it would not survive on appeal. “This is also a huge excess in the separation of powers,” he tweeted. “As in unprecedented. As in, he will not endure.”
