For weeks, the MLA Francophones remained silent when the pressure increased on them to talk about the first language controversy to face the Susan Holt government.
Now that one of them has spoken, it is clear that the prime minister is in a legal and political enigma.
The Provincial Government is arguing before the Supreme Court of Canada that the Constitution does not require that Lieutenant Governor of New Brunnswick be bilingual.
That argument, identical to that taken by the previous progressive conservative government of Blaine Higgs, has angry and alarmed many Francophones.
“I want to be very clear: the lieutenant governor of a officially bilingual province must be bilingual,” said the Minister of Tourism, Heritage and Culture, Isabelle Thériault, Radio-Canada.
Caraquet MLA explained that he learned of the decision as a fait accompli And she acknowledged that the pressure on her has been intense.
“It has been extremely difficult, but I want to reassure people, acadens, Francophones in New Brunswick that I have always defended the rights and interests of the community.”
The question is symbolicly and constitutionally important.
The role of Lieutenant Governor is considered mainly ceremonial, but it is also a pillar of the constitutional architecture of Canada, which embodies the role of the crown in the Canadian government system.
According to the linguistic equality provisions of the Charter of Rights that are specifically applied to New Brunswick, provincial institutions must communicate with citizens in English or French.
The Affian Society of New Brunswick argues that the person who occupies the position of Lieutenant Governor becomes the institution and, therefore, is covered by the obligation.
The province does not agree on a legal presentation that presented to the Supreme Court on July 21.
New Brunswick’s Minister of Culture talks about the argument of the Court of the Province that the Constitution does not require the lieutenant governor to be bilingual.
The Affian Society launched the case against the Federal Government in 2019 after Prime Minister Justin Trudeau appointed Brenda Murphy, who did not speak French, to the post.
The president of the King’s Bench court, Tracey Deware, ruled for society, writing that the “peculiar and unique role” means that no one else can intervene to fulfill their bilingual functions.
The New Brunswick Court of Appeals revoked that the ruling, finding that the letter does not impose a requirement of bilingualism to the head of the individual office.
The Affian company appealed that to the Supreme Court, which will listen to the case on November 13.
While the Murphy term ended in January and the new Governor Lieutenant, Louise Ibeult, is bilingual, society wants a clear decision for future appointments.
The case lights a network of constitutional arguments, but as Holt discovers, it also has the weight of political expectations.
When the Higgs government presented arguments as an auditor against the position of the Affian society, the Francophones were dismayed but not surprised. They already considered Higgs Antimpatte to their concerns in minority language.
Holt expected more.
In 2023, the liberal leader criticized the position of Higgs, suggesting that he believed that there is a legal requirement.
“We are officially bilingual, we have a Constitution and … the position of the lieutenant governor should be bilingual to serve all the new Brunswicker,” he said at that time.
Now his government is taking the opposite position, the same taken under Higgs.
“It is important to keep in mind that saying that the lieutenant governor should be bilingual is different from saying that it is a constitutional requirement. This legal distinction is what is in the heart of this case,” said Attorney General Rob McKee in a statement.
The articles of cards and opinion in the newspaper in French L’Civelle described the position of the province as “a slap on the face” and spoke of “anger and disappointment.”
The Affian Society has not asked the province to completely reversed its position, but to withdraw from the case as a controller.
That is easier to say it. While the Holt government has reversed some legal positions taken under Higgs, it would be shameful to get away from its own arguments presented in July.
And a victory for the Affian society in theory could have important implications for the province.
The internal division of the risk of liberals on the subject
If Murphy’s appointment is considered unconstitutional, the Government argued in its Julio presentation, it can invalidate all the legislation he signed during his five -year term.
In that scenario, the province wants the Court to take measures to avoid legal chaos.
The political consequences of the province of the province can be secondary to that, but are potentially serious.
Holt knows when observing the implosion of Higgs PC Caucus on gender identity policy in 2023 that internal divisions can be fatal.
Until now, Isabelle Thériault is the only liberal MLA who has spoken publicly about his discomfort with the position of the province.
Other Francophone members, including Moncton East Mla Alexandre Cedric Doucet, who was president of the Affian society when he launched the case, have refused to comment.
Spokeswoman Ashley Beaudin said that no Liberal MLA would comment because “things have moved quickly for our purpose, and our team is still in the midst of everything.”
Holt told L’ecivele last week that he did not consult his cabinet or caucus in the position of the province, because that would violate the principle that the Office of the Attorney General must operate independently of the policy.
That is a conveniently broad interpretation of the independence of the Attorney General.
There are precedents for a cabinet or caucus to be consulted in cases of civil litigation that have important political consequences or touch the fundamental values of the part in power.
The Affian Society gave the government until August 14 to withdraw the presentation of the province.
That deadline was and left, and last week, the president of the company, Nicole Useneau-Sluyter, presented the pressure, publishing a video that urged members to write letters to their MLA, McKee and Holt.
Thériault’s comments were similar to those of other ministers and MLA in previous governments that wanted to express their discontent with a decision while a team player remained.
“I am doing everything I can now for my voice to listen and that of my community,” Thériault to Radio-Canada told.
And she felt that her point of view was being heard?
“I am doing everything I can to hear my point of view, yes.”
