David Raymond Amos @DavidRayAmos
Methinks folks should ask the obvious who owns Ambulance NB and where was their lawyer today N'esy Pas?
https://www.cbc.ca/news/canada/new-brunswick/arbitration-ruling-bilingual-paramedics-mcevoy-ruling-1.4991605
Paramedic ruling's impact on language rights debated in court
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Commenting is now closed for this story.
David R. Amos
Methinks folks should ask the obvious who owns Ambulance NB and where was their lawyer today N'esy Pas?
Robert Cunningham
Seems like a case of English
Paramedics can have the jobs until a French Paramedic come along. Poor
fix if you ask me. If these people are willing to work there, either
offer language training, or accept the fact that most people don't care
what language someone is speaking when they save your life..... i'm sure
this comment will not go over well.
daryl doucette
@Robert Cunningham the really critical patients are unconscious. Think about that.
Marc Martin
@Robert Cunningham
*offer language training*
That will be the case, training is always offered.
*accept the fact that most people don't care what language someone is speaking when they save your life*
Cant save you life if no one can communicate.
*offer language training*
That will be the case, training is always offered.
*accept the fact that most people don't care what language someone is speaking when they save your life*
Cant save you life if no one can communicate.
David R. Amos
@Marc Martin Cry me a river
Marc Martin
@David R. Amos
Did you find another Marc Martin across Canada to harass Davis ?
Did you find another Marc Martin across Canada to harass Davis ?
Dan Lee
@Marc Martin
i would say he is stalking you.......hmmm
i would say he is stalking you.......hmmm
Matt Steele
Seems like a waste of time as
everyone knows what the outcome will be . An Anglophone paramedic can
have the job until a Francophone wants it ; then the Anglophone will be
fired . Govt. workers in N.B. are no longer hired based on merit or
qualification , it is based on language . Welcome to N.B. , Canada's "
ONLY " officially bilingual Province.....a failed Province . At least
this has shown other Provinces how destructive forced frenchification is
; so no other province will ever adopt official bilingualism after
seeing how destructive it has been in N.B.
David R. Amos
@Matt Steele So you say
Habs Killa
The revised agreement with the addition of float teams will *IMPROVE* care for *all* of us.
Float team members not currently assigned to a paramedic ambulance will be assigned patient movement requests. This is the cause of delayed call response; paramedic ambulances not available because they tied up moving patients from point A to point B.
Float team members not currently assigned to a paramedic ambulance will be assigned patient movement requests. This is the cause of delayed call response; paramedic ambulances not available because they tied up moving patients from point A to point B.
David R. Amos
@Habs Killa Whats your point?
daryl doucette
This whole process is
laughable. What a crock it is. The " Anglophone Rights Association" of
NB was denied " intervener" status in this proceeding by a francophone
judge, she stated that " The Anglophone Rights Association" only has "
one" linguistic group ( the English) that it is focusing on in this
issue, unlike the " Office of the Language Commissioner of New
Brunswick" whom focus on advancing both linguistic communities". What
utter nonsense! The Language Commissioners office is blatently pro
francophone. Period. Any person, English, French or other with a half a
functioning brain can see this. Simply look at the Language
Commissioner, Mr. Carrier, and the SANB's attempt back in 2012 to have
the " Language of Work" policy implemented into the " Official
Languages Act" of New Brunswick, when it came up for its " 10 year
review"...if that policy had been allowed to be inserted into the OLA
it would have spelled the end of any UNILINGUAL person to get a job with
government any where in New Brunswick.
Fred Brewer
@daryl doucette
100% correct. Just try to file an anglophone complaint with the Language Commissioner and you will quickly find out how biased that office is against anglophones.
100% correct. Just try to file an anglophone complaint with the Language Commissioner and you will quickly find out how biased that office is against anglophones.
Mack Leigh
@daryl doucette
Bang on brother !!
Bang on brother !!
Marc Martin
@daryl doucette
*The " Anglophone Rights Association" of NB was denied " intervener" status in this proceeding by a francophone judge*
Why would the judge allow an hate group to promote bigotry ?
*The " Anglophone Rights Association" of NB was denied " intervener" status in this proceeding by a francophone judge*
Why would the judge allow an hate group to promote bigotry ?
Marc Martin
@Fred Brewer
That's because your complaints are not valid..please show me one that is ?? English first on signs because the English are a majority is not a valid complaint...
That's because your complaints are not valid..please show me one that is ?? English first on signs because the English are a majority is not a valid complaint...
David R. Amos
@Marc Martin Methinks that you are being ignored N'esy Pas?
Marc Martin
@David R. Amos
Why are you responding to my posts then Davis ?
Why are you responding to my posts then Davis ?
David R. Amos
@Marc Martin My lawsuit
daryl doucette
@Marc Martin There you go
again with the name calling. Now they are a " hate" group? You people
are a broken record.....any one whom DARES question forced bilingualism
is attacked. Old tactic, get a new one. And the REAL reason they were
denied " intervener" status...they would have asked questions that
people would not want to answer.
Jane Sherrard
Do most New Brunswickers not
see a problem when thousands and thousands of Anglophone sector students
give up their right to an education in their first language each year,
in the spirit of becoming bilingual, but inevitably, fewer than 10%
qualify for public sector jobs that require bilingualism? We have a
major problem with the English education system and it's past time
politicians take their heads out of the sand and take responsibility for
the messes their predecessors have created. There is not a person in
the world who would consider designing such convoluted and experimental
second language programming that is inflicted on the Anglophone
districts. The moral degradation of promoting division in English
schools between English and French immersion classes, creating have and
have not classes, funding French immersion children more than English
program children, should be an outrage to every Canadian.
Mack Leigh
@Jane Sherrard
Well said !! It is too bad that we don't have a law firm or constitutional lawyer willing to take this mess on... Oh, wait only the " Distinct " francophones receive millions of taxpayers money annually with which they pay for all of their divisive court cases... The majority receives....nothing.....
Well said !! It is too bad that we don't have a law firm or constitutional lawyer willing to take this mess on... Oh, wait only the " Distinct " francophones receive millions of taxpayers money annually with which they pay for all of their divisive court cases... The majority receives....nothing.....
Stephanie Haslam
@Mack Leigh, agreed. If we
had access to a constitutional lawyer, we too might have a chance at
getting favourable decisions based on broad interpretations of the OLA
and the Charter. It's all about interpretation.
Stephanie Haslam
@Mack Leigh, I'm just going
to leave this here. It is from the 2018 New Brunswick Public Accounts. I
believe that a lawyer who is engaged to act as counsel for the language
commissioner gets paid from the public purse. Doucet, Michel cr/Q.C.,
LL.B., Ll.M 26,183. That's twenty-six thousand dollars. https://www2.gnb.ca/content/dam/gnb/Departments/tb-ct/pdf/OC/PA18Sup.pdf
Mack Leigh
@Stephanie Haslam
Absolutely disgusting !! Forced Official Bilingualism = Largest Make Work Project for Francophones ..
Absolutely disgusting !! Forced Official Bilingualism = Largest Make Work Project for Francophones ..
Mack Leigh
@Stephanie Haslam
Guess that is how Doucet supplements his retirement income.... on the backs of the taxpayers of New Brunswick..
Guess that is how Doucet supplements his retirement income.... on the backs of the taxpayers of New Brunswick..
Marc Martin
@Jane Sherrard
*fewer than 10% qualify for public sector jobs that require bilingualism? *
Then why are 46% of the provincial jobs unilingual English ? Stats don't lie...
*fewer than 10% qualify for public sector jobs that require bilingualism? *
Then why are 46% of the provincial jobs unilingual English ? Stats don't lie...
Marc Martin
@Mack Leigh
*Distinct " francophones receive millions of taxpayers money annually with which they pay for all of their divisive court cases*
They do ? Stats ? Facts ? Links ?
*Distinct " francophones receive millions of taxpayers money annually with which they pay for all of their divisive court cases*
They do ? Stats ? Facts ? Links ?
David R. Amos
@Mack Leigh "Well said !! It is too bad that we don't have a law firm or constitutional lawyer willing to take this mess on"
Methinks you must know that a lot of politicians know that I already did in a Pro Se fashion in Federal Court in 2015 N'esy Pas?
Methinks you must know that a lot of politicians know that I already did in a Pro Se fashion in Federal Court in 2015 N'esy Pas?
Content disabled.
David R. Amos
@Jane Sherrard Methinsk you and you friends are wise not to feed the Troll N'esy Pas?
@Marc Martin After all the time, money and sacrifice the Anglophone sector spends delivering curriculum that teaches some students to speak French,, most do not graduate with a French speaking ability at a satisfactory level because it’s not “equal quality,” Francophone lobbyists and politicians have created a climate where iintolerance for English speakers is growning with each law passed. What happened to the right to an education in the child’s protected language? What kind of future is here for unilingual speakers? You say 46% of provincial jobs require English only, so that leaves 54% that the majority of people in NB don’t qualify for. More than 90% of French immersion students won’t qualify for either. Marc, there is a solution to our language mess here in NB. If all children were included in the second language goals, and if politicians allowed teachers and students of both sectors to work and learn together within their protected schools, in a few short years, everyone will be able to speak both official languages. If we ended the expensive and duplicate administrative costs of duality, then some of the savings could be used to fund our children’s education equally. The negative consequences of costly experimental French immersion programming needs to be scrutinised and it is past time for politicians to act. Solidarity and segregation are not bringing us together. Our children will unite us if politicians allow them to integrate on buses, in drama productions, sports teams, music, art, technology, assembly and showcasing events, etc. We can bilingualize all children in bilingual schools. so no one has to be.
Christopher Beliveau
Its to bad people wasted
their votes on the conservatives and liberals, because if the people's
alliance were leading the province right now. They would have found a
way out of this language quagmire, by first eliminating the pro
francophone language commissioner, and ending the biggest money waster
duality. Remember this the next time we head to the polls, because
another 50yrs of bilingualism will bury this province permanently.
Mack Leigh
@Christopher Beliveau
We don't have another 50 years in my opinion.... Ultimately this has little to do with language.... Power and Control is the goal with language just being the Francophone Elite's weapon of choice..... Language over Life , here in NB>.
We don't have another 50 years in my opinion.... Ultimately this has little to do with language.... Power and Control is the goal with language just being the Francophone Elite's weapon of choice..... Language over Life , here in NB>.
Marc Martin
@Christopher Beliveau
Of course they would, they would probably try to eliminate everything French and would face numerous lawsuits and backlash from Ottawa also, be glad they are not in power they don't even have a platform except to eliminate everything French...
Of course they would, they would probably try to eliminate everything French and would face numerous lawsuits and backlash from Ottawa also, be glad they are not in power they don't even have a platform except to eliminate everything French...
Marc Martin
@Mack Leigh
*Francophone Elite's *
Who are these elites ??
*Language over Life *
Who died because of language ?
*Francophone Elite's *
Who are these elites ??
*Language over Life *
Who died because of language ?
David R. Amos
@Marc Martin Methinks even you must have lost count on how many times you asked the same questions and were answered N'esy Pas?
Marc Martin
@David R. Amos
None of them where answered...
None of them where answered...
Christopher Beliveau
@Marc Martin Ending duality
is not ending everything french. The way it used to be is predominantly
french areas would be basically everything in french. They're town hall
meeting's, signage, schooling, and so on. An for the areas predominantly
english the same thing. But now we are wasting money bilingualism,
which hasn't worked in the 50+ years its been in place. Now we are at
each other's throats, if anything bilingualism has divided us. It used
to be you were hired because of experience, now if the only language you
speak is french your hired even if you have zero experience. That's not
right, and not fair.
Wendy Staples
The judge is not fooling
anyone, her mind is made up and it certainly won't be for the benefit of
the majority of New Brunswickers…...farce.
Matt Steele
@Wendy Staples ....Very true ;
the decision was already made before the hearing even started....just a
total waste of time and money . Luckily New Brunswicker's are starting
to wake up ; so maybe after a few more ONE TERM govt. , maybe
politicians will get the message than N.B.ers are fed up .
Marc Martin
@Wendy Staples
*and it certainly won't be for the benefit of the majority of New Brunswickers*
Why wont it benefit you ? You know the definition of bilingual right ?
*and it certainly won't be for the benefit of the majority of New Brunswickers*
Why wont it benefit you ? You know the definition of bilingual right ?
David R. Amos
@Wendy Staples I agree
Nathan Simpson
You have to wonder just how
bad things would have to get before we start seriously considering
making changes as a province. More deaths than births, young people
leaving, high unemployment, massive debt, etc, etc.
Now we have people dying because ambulances are unable to be staffed. Does language trump peoples lives and safety?
If you say yes then I pray your love ones never need an ambulance that is not available.
Now we have people dying because ambulances are unable to be staffed. Does language trump peoples lives and safety?
If you say yes then I pray your love ones never need an ambulance that is not available.
@Nathan Simpson
*Now we have people dying because ambulances are unable to be staffed*
Who died because of language ? You wont find any...Try again.
*Now we have people dying because ambulances are unable to be staffed*
Who died because of language ? You wont find any...Try again.
@Marc Martin Methinks you are rather redundant N'esy Pas?
@Marc Martin Actually a
gentleman in Northern NB died last year, because the ambulance
sub-station was not manned. An it wasn't manned because they were unable
to find two bilingual paramedics for that area. An area which is
predominantly English, but because of some stupid duality law, a man
died.
Mack Leigh
Sadly not one person was
there to represent the non-francophones of New Brunswick...... Once more
the push is on for the forced frenchification of our province at the
expense of the majority..... " Bilingual where numbers warrant " is what
the people of NB signed up for and agreed to...... not the warped
version that now is in play with changes being made to the OLA that
benefit one minority only..
@Mack Leigh They are '
sneaky" when it comes to these so called " public" forums re discussing
bilingualism. What these French groups do is insert a teeny weeny notice
in some obscure back page of the English newspapers notifying the "
public" that they are " invited" to one of their so called " forums" re
bilingualism. why do I know this? Seen one way back in 2012. Crashed
their meeting at U de M and asked some tough questions... they refused
to answer.....got a lot of blank stares....and the guest speaker at that
one was the " Commissioner of Official Languages" Michel
Carrier...these people are some thing else i'll tell ya...
Mack Leigh
@daryl doucette
Would have loved to have been there when you asked the questions ... Would have had a few questions for them myself......
Would have loved to have been there when you asked the questions ... Would have had a few questions for them myself......
Marc Martin
@Mack Leigh
* Bilingual where numbers warrant " is what the people of NB signed up for and agreed to*
You didn't sign on anything.
* Bilingual where numbers warrant " is what the people of NB signed up for and agreed to*
You didn't sign on anything.
David R. Amos
@Marc Martin Methinks you know as well as I that I signed the lawsuit that you make fun of N'esy Pas?
Marc Martin
@David R. Amos
Are you sure your talking to the right Marc Martin Davis?
Are you sure your talking to the right Marc Martin Davis?
Seamus O'hern
"Welcome to the Jungle"
David R. Amos
@Seamus O'hern "Welcome to the Jungle"
I disagree I say Welcome to the Circus
Methinks everybody knows they brought to jungle animals to Fat Fred City N'esy Pas?
I disagree I say Welcome to the Circus
Methinks everybody knows they brought to jungle animals to Fat Fred City N'esy Pas?
Mack Leigh
Welcome to NB, the province of apartheid governing..
David R. Amos
@Mack Leigh Methinks it ain't over til the fat lady sings and there will always be another election N'esy Pas?
Mack Leigh
Is government still paying
for Francophones to take the paramedic course ?? You know, the course
that is being given at Francophone Community Colleges only..... All
non-francophones must pay for their own course...thanks to the set-up by
Gallant and his cronies..... Has Higgs changed this yet ??
David R. Amos
@Mack Leigh Methinks its hard telling not knowing for sure N'esy Pas?
Harold Benson
I think they should go back
to sand and salt for the roads, and forget about the beet juice and
mollasses. That grit gives some nice traction.
David R. Amos
@Harold Benson Methinks Mr
Higgs should appropriate the brand new potash mine in Sussex that just
shut down permanently and start selling salt N'esy Pas?
Alex Butt
Hard to believe that New
Brunswick ever left the stone age! If I was a paramedic I would leave
this province so fast it would make heads spin. The clowns in charge
waste more effort and money on this bilingualism bovine feces than the
health of it's residents. What a farce!
David R. Amos
@Alex Butt Oh So True but
methinks the clowns make up for the malicious nonsense by providing us
with quite a comical Circus N'esy Pas?
Harold Benson
I'd sue.
David R. Amos
@Harold Benson I did
Colin Seeley
I detest being called a “ phone “.
Keep the phone to yourself.
I am English.
Keep the phone to yourself.
I am English.
David R. Amos
@Colin Seeley Methinks it beats being called a phonie like the French lingo spells it N'esy Pas?
Mack Leigh
Are there no non-francophone
judges or lawyers left in NB that have any.....any authority or
political sway ?? We are truly a captured province with the tail
wagging the dog...
Marc Martin
@Mack Leigh
Don't call yourself that name....
Don't call yourself that name....
David R. Amos
@Marc Martin FYI I refer to myself as a dog all the time Methinks it beats being a phonie N'esy Pas?
Mario Doucet
Stop funding SANB.
David R. Amos
@Mario Doucet I agree
Marc Martin
@Mario Doucet
That would mean to stop funding every non for profit organism across the province....
That would mean to stop funding every non for profit organism across the province....
John O'Brien
@Marc Martin If that is what
it takes. I really resent that some of my tax money goes to fund Michel
Doucet because he is NOT working in the best interest of the majority of
NBers.
Natalie Pugh
"Michel Doucet, a lawyer for
the province's official languages commissioner, quoted a 1999 Supreme
Court of Canada decision that said language cases must "in all cases" be
interpreted broadly, in line with the law's goal of linguistic
equality"
This is what they don't get. There never will be "linguistic equality" in NB simply because of the low numbers of francophones compared to the number of anglophones. So stop trying to force this failed experiment upon English speaking NB's. WE don't want it and don't deserve it.
This is what they don't get. There never will be "linguistic equality" in NB simply because of the low numbers of francophones compared to the number of anglophones. So stop trying to force this failed experiment upon English speaking NB's. WE don't want it and don't deserve it.
David R. Amos
@Natalie Pugh Methinks we need a referendum just like the Quebeckers got years ago N'esy Pas?
Marc Martin
@David R. Amos
So you want to separate from Canada Davis ?
So you want to separate from Canada Davis ?
Mack Leigh
@Natalie Pugh T
This is not about bilingualism... This is not about equality.... This is not about language... This is all.......all about Power and Control.... Language is just the Francophone Elites' such as Doucet , Carrier, SANB et al , weapon of choice.... Time to take back our province from those who wish to conquer and control it..
This is not about bilingualism... This is not about equality.... This is not about language... This is all.......all about Power and Control.... Language is just the Francophone Elites' such as Doucet , Carrier, SANB et al , weapon of choice.... Time to take back our province from those who wish to conquer and control it..
David R. Amos
@Marc Martin Who is Davis?
Jake Newman
I need a paramedic who speaks Klingon.
David R. Amos
@Jake Newman Methinks your shrink may know one N'esy Pas?
Paramedic ruling's impact on language rights debated in court
Previous government sent McEvoy ruling on hiring for a judicial review because of bilingual service concerns
Lawyers argued Thursday over
whether a controversial arbitration ruling on bilingual paramedics has
sweeping constitutional implication for language rights — or is a narrow
labour decision that ought to be upheld.
The case is central to the ongoing debate about how Ambulance New Brunswick should meet its legal obligations to provide bilingual service while respecting the seniority rights of its employees.
Government lawyer Keith Mullin told the judicial review hearing in the Court of Queen's Bench that the 2018 ruling by labour arbitrator John McEvoy would "wipe away" language rights protected by the charter of Rights and Freedoms and the Official Languages Act.
"These are things we all have to follow," he said, asking the judge to quash the McEvoy ruling. "This is the law of the land."
Michel Doucet, a lawyer for the province's official languages commissioner, quoted a 1999 Supreme Court of Canada decision that said language cases must "in all cases" be interpreted broadly, in line with the law's goal of linguistic equality.
But Glen Gallant, a lawyer for the union representing paramedics, Local 4848 of the Canadian Union of Public Employees, argued that McEvoy's ruling is a narrow decision that affects only the employer and the workers.
"It's a labour relations case," he said. "It's not a charter case. It's not a pure language-rights case. … This is a private matter and the decision doesn't go any farther than that."
Michel
Doucet, a lawyer for the province's official languages commissioner,
quoted the Supreme Court's 1999 Beaulac case, which said language rights
must be interpreted broadly. (Jacques Poitras/CBC)
Justice
Denise LeBlanc appeared skeptical of that. "We are talking about
services that are offered to the general public," she said.
Gallant answered that McEvoy "was only deciding the rights of the two parties before him."
McEvoy's decision last year gave hope to unilingual paramedics who have not been able to get full-time permanent jobs with Ambulance New Brunswick. At the same time, many positions designated as bilingual have gone unfilled.
McEvoy said this violated the union contract because paramedics with higher second-language abilities were getting positions over unilingual candidates with more seniority.
In the ruling, McEvoy said the province could forgo hiring bilingual paramedics in areas of the province where there is less demand for second-language service. He suggested crews use a "language line" that would let a patient talk to a bilingual staffer over a radio system.
The previous Liberal government sent the ruling for a judicial review.
But in December, the new Progressive Conservative government directed Ambulance New Brunswick to implement the decision, a move denounced by acting language commissioner Michel Carrier as violating the law.
Glen
Gallant, lawyer for Local 4848 of the Canadian Union of Public
Employees, said arbitrator John McEvoy was not deciding a broader issue
of constitutional law when he made his ruling. (Jacques Poitras/CBC)
New Brunswick's language law requires equal service in both languages in all areas of the province.
Last week, Health Minister Ted Flemming backtracked and abandoned the December order in favour of a new directive that he says respects bilingualism requirements.
It will see unilingual paramedics hired onto "float teams" that will temporarily fill vacant bilingual-designated positions.
Even so, Thursday's hearing went ahead to establish whether the McEvoy ruling complies with the language law and with charter rights.
Mullin and Doucet both quoted the Supreme Court's 1999 Beaulac case, which said language rights must be interpreted broadly.
The ruling said both languages must be treated equally and governments can't implement policies that treat one language as the primary language and the other as a secondary language that is "accommodated."
Designating regions of the province where ambulance services would not be offered equally in both languages "is exactly what the court said not to do," Mullin argued. He said McEvoy's ruling would "alter" that right.
Doucet quoted a section of the charter that says New Brunswickers have the right to be served equally in English and French.
He pointed out that section was passed by elected members of the legislature.
"It's not up to an arbitrator to disavow or ignore that choice."
Doucet also pointed out that the Official Languages Act allows for a "reasonable delay" in bilingual service from police officers and said if legislators had wanted a similar exception for ambulances, they'd have written it into the law.
Both lawyers argued that because McEvoy's ruling touched on constitutional rights, it has a higher standard of review: it has to be legally correct.
But Gallant, the union's lawyer, argued McEvoy "was not deciding a broader issue of constitutional law" so the judge only has to find his ruling "reasonable," not strictly correct.
LeBlanc didn't appear persuaded by that, telling Gallant she felt the case had to be interpreted "in accordance with decisions handed down by the Supreme Court and the [New Brunswick] Court of Appeal."
Gallant also argued McEvoy was only being realistic about the difficulties of providing bilingual service everywhere.
He said weakening the hiring requirements in favour of a "language line" was "not an accommodation but a necessary response to the realities we have in New Brunswick."
He also said it would be "more equal" for a patient to talk to a fully bilingual staffer over a radio line than to deal with a paramedic with only a mediocre ability to speak their language.
LeBlanc, who was appointed a Court of Queen's Bench justice last June, did not give a timeline for when she expects to rule in the case.
"It was not an easy case to argue and I can assure you it's not going to be an easy case to decide," she told the lawyers.
CBC's Journalistic Standards and Practices
The case is central to the ongoing debate about how Ambulance New Brunswick should meet its legal obligations to provide bilingual service while respecting the seniority rights of its employees.
Government lawyer Keith Mullin told the judicial review hearing in the Court of Queen's Bench that the 2018 ruling by labour arbitrator John McEvoy would "wipe away" language rights protected by the charter of Rights and Freedoms and the Official Languages Act.
"These are things we all have to follow," he said, asking the judge to quash the McEvoy ruling. "This is the law of the land."
Michel Doucet, a lawyer for the province's official languages commissioner, quoted a 1999 Supreme Court of Canada decision that said language cases must "in all cases" be interpreted broadly, in line with the law's goal of linguistic equality.
But Glen Gallant, a lawyer for the union representing paramedics, Local 4848 of the Canadian Union of Public Employees, argued that McEvoy's ruling is a narrow decision that affects only the employer and the workers.
"It's a labour relations case," he said. "It's not a charter case. It's not a pure language-rights case. … This is a private matter and the decision doesn't go any farther than that."
Gallant answered that McEvoy "was only deciding the rights of the two parties before him."
McEvoy's decision last year gave hope to unilingual paramedics who have not been able to get full-time permanent jobs with Ambulance New Brunswick. At the same time, many positions designated as bilingual have gone unfilled.
McEvoy said this violated the union contract because paramedics with higher second-language abilities were getting positions over unilingual candidates with more seniority.
McEvoy's ruling
In the ruling, McEvoy said the province could forgo hiring bilingual paramedics in areas of the province where there is less demand for second-language service. He suggested crews use a "language line" that would let a patient talk to a bilingual staffer over a radio system.
The previous Liberal government sent the ruling for a judicial review.
But in December, the new Progressive Conservative government directed Ambulance New Brunswick to implement the decision, a move denounced by acting language commissioner Michel Carrier as violating the law.
Last week, Health Minister Ted Flemming backtracked and abandoned the December order in favour of a new directive that he says respects bilingualism requirements.
It will see unilingual paramedics hired onto "float teams" that will temporarily fill vacant bilingual-designated positions.
Even so, Thursday's hearing went ahead to establish whether the McEvoy ruling complies with the language law and with charter rights.
Mullin and Doucet both quoted the Supreme Court's 1999 Beaulac case, which said language rights must be interpreted broadly.
The ruling said both languages must be treated equally and governments can't implement policies that treat one language as the primary language and the other as a secondary language that is "accommodated."
Designating regions of the province where ambulance services would not be offered equally in both languages "is exactly what the court said not to do," Mullin argued. He said McEvoy's ruling would "alter" that right.
Bilingual service
Doucet quoted a section of the charter that says New Brunswickers have the right to be served equally in English and French.
He pointed out that section was passed by elected members of the legislature.
"It's not up to an arbitrator to disavow or ignore that choice."
Doucet also pointed out that the Official Languages Act allows for a "reasonable delay" in bilingual service from police officers and said if legislators had wanted a similar exception for ambulances, they'd have written it into the law.
Both lawyers argued that because McEvoy's ruling touched on constitutional rights, it has a higher standard of review: it has to be legally correct.
Doesn't touch the charter
But Gallant, the union's lawyer, argued McEvoy "was not deciding a broader issue of constitutional law" so the judge only has to find his ruling "reasonable," not strictly correct.
LeBlanc didn't appear persuaded by that, telling Gallant she felt the case had to be interpreted "in accordance with decisions handed down by the Supreme Court and the [New Brunswick] Court of Appeal."
Gallant also argued McEvoy was only being realistic about the difficulties of providing bilingual service everywhere.
He said weakening the hiring requirements in favour of a "language line" was "not an accommodation but a necessary response to the realities we have in New Brunswick."
He also said it would be "more equal" for a patient to talk to a fully bilingual staffer over a radio line than to deal with a paramedic with only a mediocre ability to speak their language.
LeBlanc, who was appointed a Court of Queen's Bench justice last June, did not give a timeline for when she expects to rule in the case.
"It was not an easy case to argue and I can assure you it's not going to be an easy case to decide," she told the lawyers.
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