The federal government is appealing the ruling of a court in New Brunswick that declared the process of appointing a unilingual lieutenant-governor in the province unconstitutional.
A month ago, the Chief Justice of the Court of Queen’s Bench ruled that the person appointed to this position should perform their duties in the same official language.
He determined that the federal government violated the Charter of Rights and Freedoms by appointing Brenda Murphy because she could not speak French.
The Société de l’Acadie du Nouveau-Brunswick has challenged Prime Minister Justin Trudeau’s decision to appoint Brenda Murphy to the court post.
A position with no language requirements, Ottawa pleads
In his notice of appeal, the Attorney General of Canada argued that the Chief Justice of the Queen’s Court had erred in law.
He argues that the appointment power of the Lieutenant Governor of New Brunswick gives the Queen a full discretionary power and this power does not contain any bilingualism required. He added that either the constitution or the Canadian Charter of Rights and Freedoms it cannot be subjected to such a requirement.
The ball is already in the court of the New Brunswick Court of Appeal, the county’s highest court. The judges must decide whether they agree or not to hear the appeal.
The next appointment will be bilingual
To explain the decision on appeal, federal Minister of Intergovernmental Affairs Dominic LeBlanc indicated that the Trudeau government wanted the court to review the judgment to clarify certain elements of the constitution.
It is a question of principles, of the interpretation of the Canadian constitution according to him.
” There are constitutional aspects that we want the court to decide, but we recognize the importance for the Acadian and francophone community. “
However, he assured that the federal government will appoint a bilingual person next time.
We are committed to ensuring that Mrs. Murphy is actually a bilingual person said the Minister. This is a promise I can make on behalf of the government. We accept this principle.
There is information from Pascal Raiche-Nogue and Margaud Castadère-Ayçoberry
Source: Radio-Canada
