Supreme Court case over unilingual N.B. lieutenant-governor could have broader implications
CBC
Legal experts say a pending Supreme Court of Canada case about whether New Brunswick's lieutenant-governor must be bilingual could have much broader implications and be precedent-setting.
These could include bilingualism requirements for other high-ranking positions in the country, including elected ones, and constraints on the powers of the Governor General and others in making appointments, according to two law professors.
The country's top court announced Thursday that it will hear an appeal filed by the Acadian Society of New Brunswick over the 2019 federal appointment of former lieutenant-governor Brenda Murphy.
The Supreme Court does not give reasons when it accepts applicants who are seeking leave to appeal decisions made by lower courts.
But Michel Doucet, a professor emeritus of law at the University of Moncton and an expert in linguistic rights, notes the top court only agrees to hear issues it deems of national importance.
"So it is certainly a big step in this matter, to have the the Supreme Court of Canada finally decide the issue," he said.
The Acadian Society contends New Brunswick's lieutenant-governor is required by the Constitution to be bilingual.
Three sections of the Charter of Rights and Freedoms apply only to New Brunswick, Canada's only officially bilingual province.
Section 16(2) declares that English and French have equal status "in all institutions of the legislature and government of New Brunswick," while Section 16.1(2) requires the legislature and government to "preserve and promote" the equality of English and French.
Section 20(2) 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 won its case in 2022 at the superior trial court for the province. Court of King's Bench Chief Justice Tracey DeWare ruled that the Charter imposes a bilingualism requirement not just on the institution but on the person holding the position of lieutenant-governor.
But the New Brunswick Court of Appeal overruled that decision last May.
It ruled that while people appointed to the position should ideally be fluent in the province's two official languages, the Charter does not impose such a requirement.
According to Doucet, the Supreme Court of Canada has historically approached language rights by saying it's not the individual who has the obligation to provide the bilingual service, it's the institution.
Eight casinos across southwest B.C. have been sold to First Nations in the last two years, with the province's gambling scene set to be reshaped as a result.
Hamilton hosts the Junos Sunday, and the musical awards show is bringing tourists, musicians, concerts and a ton of themed events to the city this week.
The multi-million-dollar deal at the heart of a high-profile fight between the Canadian government and one of the world’s biggest carmakers contains multiple clauses about the company’s footprint in Ontario, according to a copy obtained by CBC Windsor.
In recent months, Calgary police have carried out three day-long safety blitzes, parading out dozens of officers to flood an area with their increased presence — at least, temporarily.
A national organization is seeking people with experience in Canada's forestry sector as they put together a working group that will examine ways to improve forest recovery following wildfires.
Ella Heyder is bracing for a breakup, even though she already moved out decades ago.
Shawne Hopkins never saw it coming.
Politicians return to Queen’s Park Monday for a shortened spring session, as Premier Doug Ford prepares to unveil his eight budget amid heightened global economic uncertainty.
Despite a recent announcement that a water supply pipeline will be build in Oneida Nation of the Thames, some members of the community say that's no excuse for taking water for granted.
As scandal has swirled around former prince Andrew Mountbatten-Windsor, questions and curiosity have also focused on his ex-wife, Sarah Ferguson, and their daughters, Princesses Beatrice and Eugenie.
Friday may have been the first day of spring, but winter storms are not over yet for Newfoundland.
While we officially welcomed spring last week, an incoming system will be a reminder that snow is still very much part of the new season, especially early on.
The future of a national historic site in Fredericton is up for discussion at meetings across New Brunswick in the next few weeks as the Anglican diocese considers what to do about costly repairs needed at Christ Church Cathedral.