The main court of the country will rule if the lieutenant governor of New Brunswick must be able to speak English and French.
The Supreme Court of Canada announced Thursday that it will listen to an appeal presented by the Affian Society of New Brunswick.
The group submitted a license application to appeal last August on the 2019 federal appointment of former Lieutenant Governor Brenda Murphy, who made attempts to learn and speak French but did not speak fluently.
“It is a good day for the Francophones again Brunswick, acadens that the tallest court in Canada will listen to our [case] To make sure that New Brunswick has a bilingual bilingual lieutenant, “President Nicole Useneau-Sluyter said.
“We have one now. We are happy. She is Affian. But we know what happened last time, and nothing against Mrs. Murphy. He was very competent and learned French. We were very happy,” he said.
“But we want to make sure that this does not happen again because you never know. The next government, there is no guarantee … That’s why we are chasing this, to ensure.”
Charter arguments
The Affian Society argues that the Constitution requires that Lieutenant Governor of New Brunswick be bilingual.
But the main court of the province ruled in May, there is no such requirement, which annulled a 2022 ruling by the Bank of the Bank of King, Tracey Deware, that the Charter of Rights and Freedoms imposes a requirement of bilingualism not only in the institution but also in the person who occupies the position of Lieutenant Governor.
The New Brunswick Court of Appeals determined that, although the people designated for the position ideally should float in the two official languages of the province, “the letter does not impose, in fact, such a requirement.”
Section 16 (2) of the Charter declares that English and the French have the same status “in all the institutions of the Legislature and the Government again Brunswick”, while section 16.1 (2) requires that the legislature and the government “preserve and promote” the equality of English and French.
Section 20 (2) guarantees the right of any new Brunswicker to communicate or receive services from “any office of an institution of the legislature or new Brunswick government” in English or French.
Search decision ‘in black and white’
Lieutenant governor is “an important position in New Brunswick and we are the only bilingual province in Canada,” said Oarseneau-Sluyter. “Therefore, it is the least that should have someone who can understand and speak our language. Both in reality, English is so important. We are on equal terms when it comes to the law.
“That’s why we think and believe for Francophones and Anglophones in New Brunswick that is … important that they can talk and understand both,” he said.
“And we need to respond, in black and white for New Brunswick, for all New Brunswick.”
The Canada government website says that Lieutenant Governors “are the highest rank officers in their province and represent their Majesty the king in their jurisdictions.” They are appointed by the Governor General of Canada, on the recommendation of the Prime Minister and fulfill terms of at least five years.
The new lieutenant governor declines comments
Prime Minister Justin Trudeau called Louise Ibeult as Murphy successor in November. Imbault, Francophone, worked for Radio-Canadá as a journalist for more than 30 years, and finally became the director of Radio-Canadá Atlantique. He retired in 2011.
In 2010, the Affian Sociedad de Nuevo Brunswick granted Imbeault The Prix Albert Sormany to celebrate its contributions to Acadia. She served in a committee with the provincial group in 2016 and in 2017, was elected president of the National Acadian Society, a position she held for four years.
She declined to comment on the decision of the Supreme Court on Thursday.
“Since the case has not yet been resolved, the Office of Lieutenant Governor, nor the Lieutenant Governor, will comment on the matter,” said spokesman Alex Robichaud in an email.
When asked at the time of his appointment if he thought that the lieutenant governor should be bilingual, Imbault did not respond directly.
“I appreciate the fact that Mme. Murphy … promised to learn French, and she has fulfilled her promise,” he told CBC News.
As is its practice, the Supreme Court did not give reasons to accept listening to the appeal.
A date for the audience has not yet been established.
