Prime Minister Justin Trudeau's 2019 appointment of a unilingual lieutenant-governor in New Brunswick violated language guarantees in the Charter of Rights and Freedoms, a Court of Queen's Bench judge has ruled.
Brenda Murphy was appointed lieutenant-governor of New Brunswick in 2019 following the death of former Lt.-Gov. Jocelyne Roy Vienneau.
It would call into question all the laws Murphy has signed and the appointments and other cabinet decisions made in her name."Such a situation would create a legislative and constitutional crisis within the Province of New Brunswick which is not necessary to adequately vindicate the infringed language rights in question," she writes.
"This is a legal matter being dealt with at the federal level and questions should be directed there," said director of communications Alex Robichaud. Section 20 guarantees the right of any New Brunswicker to communicate with or receive services from "any office of an institution of the legislature or government of New Brunswick" in English or French.The Acadian Society of New Brunswick launched the challenge, arguing that those sections apply to the lieutenant-governor's position.
President Alexandre Cédric Doucet said the association is not looking for Murphy to resign or be removed. He said the right response would be for the federal government to amend its legislation on bilingualism requirements in appointments to make clear future lieutenant-governors in New Brunswick must be bilingual.Political scientist Stephanie Chouinard said while the ruling won't affect other provinces, similar charter provisions that apply to the federal government could have implications for Governors General.Gov. Gen. Mary Simon speaks English and Inuktitut but does not speak French.
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