Canada’s Supreme Court Considers Bilingual Requirement for N.B. Governor

BREAKING: Canada’s Supreme Court is currently deliberating on whether New Brunswick’s lieutenant-governor must be bilingual, a decision that could reshape the province’s political landscape. The urgent discussions took place on Thursday, October 12, 2023, as lawyers for the Acadian Society of New Brunswick presented their case, arguing that the recent appointment of Brenda Murphy, who is unilingual, violated the Charter of Rights and Freedoms.

The Acadian Society contends that the lieutenant-governor embodies the state and therefore must be able to communicate with all constituents. Lawyer Gabriel Poliquin emphasized, “It’s a bit ironic that the only bilingual province in Canada has at its head a person who is unilingual.” This statement reflects a broader concern regarding representation in a region where both English and French are official languages.

The court did not issue a ruling on the matter and has not provided a timeline for its decision. However, reactions from the justices suggest a willingness to consider the Acadian Society’s argument seriously. Chief Justice Richard Wagner and others posed critical questions, exploring the implications of appointing a unilingual official in a bilingual province.

Concerns escalated after Prime Minister Justin Trudeau appointed Murphy in 2019, prompting the Acadian Society to launch its lawsuit. In 2022, a ruling by the Court of King’s Bench Chief Justice Tracey DeWare determined that the appointment was unconstitutional, only to be overturned by the New Brunswick Court of Appeal in 2024.

As of earlier this year, Murphy’s term has concluded, and Louise Imbeault has taken over as the new lieutenant-governor, who is fluent in both languages. The ongoing debate, however, raises critical questions about the governance of New Brunswick, where the Charter mandates that the government function bilingually.

The federal government’s lawyer, Lindy Rouillard-Labbé, argued that the institution as a whole complies with the Charter, claiming the lieutenant-governor’s support staff can communicate in both languages. However, the Acadian Society insists that the role’s unique functions—such as signing bills into law and dissolving the legislature—cannot be delegated to a staff member.

Justice Michelle O’Bonsawin raised a pivotal scenario: “What would happen if a unilingual francophone premier approached a unilingual anglophone lieutenant-governor to dissolve the legislature? How will they understand each other?” This highlights the practical challenges of communication within provincial governance.

The stakes are high, as a ruling in favor of the Acadian Society could potentially invalidate every law and appointment made by Murphy during her tenure. Justice Nicholas Kasirer suggested that the court could issue a declaration for future appointments to be bilingual without nullifying Murphy’s past actions. However, Poliquin’s team contended that the appointment should be invalidated altogether, advocating for a suspended ruling to allow legislative measures to reinstate the necessary functions.

As the court navigates these complex issues, the implications for New Brunswick’s governance and representation are profound. Observers are keenly awaiting the court’s decision, which could redefine what it means to hold public office in a bilingual province.

This developing story captures the intersection of law, language, and identity in Canada and is poised to resonate across communities. Stay tuned for updates on this critical case that could change the landscape of New Brunswick’s governance.