Wednesday 29 May 2019

Relaxing bilingual rules for paramedics would violate charter, judge rules

https://twitter.com/DavidRayAmos/with_replies





Replying to and 48 others
Methinks her former McInnes Cooper partners such as Justice Richard Bell, Lenny Hoyt and Franky Boy McKenna would think me crazy if I did not find a little fun with the appointments of Denise LeBlanc N'esy Pas?


https://davidraymondamos3.blogspot.com/2019/05/relaxing-bilingual-rules-for-paramedics.html






https://www.cbc.ca/news/canada/new-brunswick/judge-ruling-bilingual-paramedics-1.5153849





Relaxing bilingual rules for paramedics would violate charter, judge rules





418 Comments
Commenting is now closed for this story.



David Amos
Methinks her former McInnes Cooper law firm parteners such as Justice Richard Bell, Lenny Hoyt and Franky Boy McKenna would think me crazy if I did not find a little fun with the appointments of Denise LeBlanc. Nobody can deny that I had dealings with her associates when she was she was a member of the New Brunswick Securities Commission, a president of the Canadian Bar Association, chaired dispute panels under the Canadian Agreement on Internal Trade and a Tribunal Chairperson under the province's Mental Health Act, I doubt the liberal lawyers Dominic Leblanc, Brian Gallant, Serge Rouselle mentioned any of this to Jody Wilson Raybould N'esy Pas?


Josef Blow
Reply to @David Amos: Dave, start your own newspaper for god’s sake! You can make the front page everyday! You have far too much in common from a narcissistic perspective, with the orange-haired guy to be on here. 


Marguerite Deschamps
Reply to @David Amos: Anglophone Richard Bell is fluently bilingual, by the way.













John Valcourt
Then it is time to amend the offical languages act and the charter.


David Amos 
Reply to @John Valcourt: I concur










David Amos
A little Deja Vu N'esy Pas?

https://www.cbc.ca/news/politics/official-languages-act-review-1.5051487

Ottawa launches review of official-languages law 50 years after its introduction

"The federal government is launching a review of the Official Languages Act, saying it is time to modernize the decades-old law.

The 1969 law enshrined Canadians' right to receive federal services in English or French.

The last major reform of the law was in 1988 and there have been recent calls to update it again, including from a Senate committee that late last month said the act needs to be applied more effectively and consistently."



Mack Leigh:
Reply to @David Amos: And in that review they are only allowing the Francophones to have a voice and be heard... The rest of us are to shut-up and put up.... This is all about Power and Control with Language being the weapon of choice.. 


David Amos
Reply to @Mack Leigh: Methinks you may not know about the interesting letter I got from the liberal lawyer known as Minister Melanie Joly a couple of years ago but I did publish on the Internet just like I always do N'esy Pas? 










Lou Bell
The " McKenna Law . He and the SANB assured there would be no Anglophone rights in their way to get complete control of the Province. Mission accomplished.


Cleve Gallant  
Reply to @Lou Bell: Yup you’re absolutely right,It’s becoming ridiculous when a carpenter gets fired because he couldn’t speak french to his hammer,


Josef Blow
Reply to @Cleve Gallant: some folks don’t even know how little they know .
.
Cleve Gallant 
Reply to @Josef Blow: And you’re a Prime example lol !!!


David Amos 
Content disabled 
Reply to @Cleve Gallant: "And you’re a Prime example lol !!! "

I agree

Confucius said, "To know that we know what we know, and that we do not know what we do not know, that is true knowledge"" But Trolls pretending to be wiseguys don't know that N'esy Pas? 

 

Josef Blow
Reply to @Cleve Gallant: Poor Cleve. I'd debate you but, alas, you are sorely defenceless. Anyway, thank you for capitalizing the P in prime … it makes me shiver …













Jake Newman
time to use the notwithstanding clause


Daryl Doucette 
Reply to @Jake Newman: YES! 
 

Marguerite Deschamps
Reply to @daryl doucette: you cannot invoke the notwithstanding clause in order to trump language rights. It can only override sections 2 and 7 to 15. Case closed !


David Amos
Reply to @Marguerite Deschamps: "It can only override sections 2 and 7 to 15. Case closed ! "

Methinks Bernie Lord, Serge Rouselle, Brian Gallant, Michel Doucet, Michel Carrier and all your other SANB leagel buddies need to review Federal Court File No T--1557-15 ASAP N'esy Pas? 

 

Josef Blow

Reply to @Jake Newman: Are you suggesting that NB do that, notwithstanding your comment?
 
 
Josef Blow 
Reply to @daryl doucette: Wow, now the support is REALLY important ...
 
 
Josef Blow 
Reply to @Cleve Gallant: … the universal language of the whole world? What Youtube video showed you that?
 
 
Josef Blow 
Reply to @David Amos: Dave, please do a favour and draft a short resume for the uninitiated and smother us all with a dab of your everlasting imprint on human evolution …; you are soooo popular and knowledgeable. Applied for the papacy yet?
 
 
Marguerite Deschamps 
Reply to @David Amos: and you think you can teach Michel Doucet something about linguistic rights? Well I've got news for you.












Michael G. L. Geraldson
Paramedics typically work in teams of two. As long as one is bilingual wouldn't that suffice? The bilingual rides with the patient and the other drives the ambulance.


David Amos 
Reply to @Michael G. L. Geraldson: Methinks the SANB would never allow common sense to be applied to this issue N'esy Pas?

















Les Cooper
NB will never improve as long as it's bilingual.


Marguerite Deschamps 
Reply to @Les Cooper: Switzerland is doing quite well with four official languages.


Brian Robertson 
Reply to @Marguerite Deschamps: What?
Aren't you going to bring up Belgium too.
The thing is, both Countries operate as a loose federation of seperate states. It's not the overlapped multilingual abomination that has been imposed upon New Brunswick.
Also, there is a factual need for working knowledge of multiple languages in Europe. Here in New Brunswick, as in Canada itself, the ONLY need for a working knowledge of French is one imposed by the Government; not the people.



Mack Leigh 
Reply to @Brian Robertson: Bravo Brian,,,, extremely well stated !!


Marguerite Deschamps  
Reply to @Brian Robertson: the more the world goes global (as it is), the more the knowledge of the French language is an asset. It is still an international language, to your dismay, that's a given.


David White 
Reply to @Marguerite Deschamps: Switzerland was formed by mutual agreement, Canada was won by the British fighting the French in the end.
Big difference in the cultural history.
That's the reason we still have this issue, this is in no way comparable to Switzerland.



Marguerite Deschamps 
Reply to @David White: the British didn't win. There was a treaty signed by two despot kings without consultation with the people, including First Nations who got along well with the French before the British came along. This country was built on compromises with the French and First Nations cooperating together in order to contain the US threat. Learn you history.


Rod McLeod 
Reply to @Marguerite Deschamps: Globally, Spanish and Mandarin come in ahead of french (french rarely does all that well on the global languages lists). As a working language, english leads for global infrastructures such as air travel.


Marguerite Deschamps  
Reply to @Rod McLeod: no argument about the English language, that's why I learned it and it served me well, as did the French and Spanish too, I might add. French is still a major international language, to your dismay, I know.


David White
Reply to @Marguerite Deschamps: If the British didn't win why do we have the Queen on our money?


David White
Reply to @Marguerite Deschamps: You keep telling yourself that, that's an ideal concept to the actuality. You can win economically, cultural, not just through military.


Mack Leigh 
Reply to @Marguerite Deschamps: " Including First Nations who got along well with the French ",,,yeah,, and that was why Cardinal Richelieu made a decree to the French and I quote " Breed the Natives out ".... Your " knowledge " of history is extremely selective it seems.


Marguerite Deschamps 
Reply to @David White: the queen is like the pope and religion. It's all a smokescreen and totally useless just To control the masses and give them a purpose.


David Amos  

Content disabled
Reply to @Marguerite Deschamps: "the queen is like the pope and religion"

Yea Right Methinks its high time for you to take your meds and have a nap N'esy Pas?



David White 
Reply to @Marguerite Deschamps: Regardless, that still doesn't answer 'if the Brits didn't win why is she on our money' and also our token figure head for Parliament? Who do you think put her there? The French perhaps? :)


David White 
Reply to @Marguerite Deschamps: I don't disagree about the smokescreen btw. but that doesn't change facts.


Larry Larson 
Reply to @Marguerite Deschamps: Yes they are and since you mentioned Switzerland, the country has 4 distinct regions. In Valais and other French speaking areas, the language of employment and day to day living is French. In Bern and most of northern Switzerland, the language of work is Swiss-German, there is a smaller are closer to Italy that functions in Italian and Romancsh is spoken in an even smaller area. By the way, should you choose to live and work in an area that speak Swiss-German then you are required to speak Swiss-German and the same for French. It is NOT a choice it is a must depending on the Majority language spoken in that area! So can we now transfer your statement to New Brunswick?


Marguerite Deschamps
Reply to @David White: it was forced on us, just like some say about the French language. By the way, there are no Whites hailing from Great Britain. They are of french origin who changed their name from LeBlanc to White in order to be able to get a job.


Marguerite Deschamps 
Reply to @Larry Larson: here we do it differently. New Nouveau-Brunswick is a small region of Canada where both offcial languages is a requirement.


Mack Leigh
Reply to @Marguerite Deschamps: What was changed to the benefit of one minority can and will be changed again....only this time for the benefit of everyone..


Cleve Gallant 
Reply to @Les Cooper: The french don’t care about N!B, They just want their own way,


Wallace Gouk 
Reply to @Marguerite Deschamps: Take a look at the stats. French is a dying language propped up only by politics.


Rj LeBlanc
Reply to @Les Cooper: Would you feel better if it was unilingual french?


Marguerite Deschamps 
Reply to @Mack Leigh: the pope, the cadinals and the monarchy, aka the malarkey, I put them all in the same pot, all despots controlling the masses. I'm sure, Richelieu must have said it. He was ruling France before the other despot, Louis XIV was old enough to take over. They were all in cahoots with tese blue blood tyrants of Europe. What gave them the power or right to seal the fate of North America?


Brian Robertson 
Reply to @Marguerite Deschamps: The more the world globalizes, the less relevant French is becoming.
In a eurocentric world, France and it's language had an historical significance. On a global scale, the instances of French has plumeted, being displaced by the languages of far Mandarin, Tagalog, Arabic, etc.
I'm sure it is somewhat traumatic for anyobe whose language is in decline. But it happens, and the general public shouldn't be burdened with keeping it afloat.
















Wendy Staples
Call me a cynical old broad but I suspect this was part of the discussion that took place in 2014 when the Official Languages Act got manipulated behind closed doors by a minority group of this province. When other stakeholders asked to be in attendance to ensure equal voices were heard for both official linguistic communities they were told no, it would be too controversial......well the fall-out from those discriminating closed door meetings are beginning to surface. I would hope that whatever changes were made in the 2014 meetings get clawed back based on blatant discrimination ….. Mr. Higgs, let's see if you have the gravel to actually straighten this linguistic mess out!  


David Amos
Reply to @Wendy Staples: 'Call me a cynical old broad"

Your wish is my command


Daryl Doucette
Reply to @Wendy Staples: the meetings were in 2012.


Josef Blow   
Reply to @David Amos: Such a clever man this Dave.















Marguerite Deschamps
What is wrong with this province or country is that some refuse to learn the two official languages while many in the world can speak many, some up to 15 languages. It's either because of ineptness or pigheadedness due to a hatred of the French language. It it's the former, one can be excused. If it's the latter, then what does that makes him?


Les Cooper 
Reply to @Marguerite Deschamps: There is no requirement to have a French language. It's as obsolete as mic mac.


David White 
Reply to @Marguerite Deschamps: I think you are dead wrong on this view, it's hard to convince people to go out of their way to learn something that they perceive isn't useful or of value to them. Calling it 'hatred' is just fanning the flames. BTW I speak three languages and having lived in Europe and Asia, English has served me better than my French and Italian for most of my travels. I am in no way advocating anything against french, but to convince people to learn a language THEY feel they will hardly use is a difficult task. Also, most of Switzerland pretty much speaks English despite having 4 languages, I lived there.


Marguerite Deschamps
Reply to @David White: I am in Europe as I write and French is serving me quite well when English does not. How many times do I have to be the interpreter for my unilingual English friends?


David White 
Reply to @David White: Also when the world is after the 'American Dream' and infiltrated by its cultural Juggernaut that also doesn't help matters.


David White 
Reply to @Les Cooper: Mi'kmaw


David Amos 
Reply to @Marguerite Deschamps: "How many times do I have to be the interpreter for my unilingual English friends?"

Methinks everybody knows that it would be beneath you to have English friends N'esy Pas?



Wallace Gouk 
Reply to @Marguerite Deschamps: But we are not in Europe !


Marguerite Deschamps 
Reply to @David Amos: from my lifelong expérience, the ones with the superiority complex are not the one you try to make it appear.


Marguerite Deschamps 
Reply to @Wallace Gouk: but we are more and more heading towards globalization where French, Spanish and other major languages are an asset and where the kmowledge of French makes it easier to learn other Latin languages .


Daryl Doucette 
Reply to @daryl doucette: WOW that was the quickest one ever there Mr blow! 
 

David Amos
Content disabled
Reply to @daryl doucette: Methinks the Trolls can come and go like lightening sometimes N'esy Pas? 


Josef Blow
Reply to @daryl doucette: ?


Jake Quinlan 
Reply to @Marguerite Deschamps: Do you think Quebec should be officially bilingual?
 
 
Marguerite Deschamps
Reply to @Jake Quinlan: of course, like all other provinces in Canada! Let BC and Ontario showmthe way.











David Stairs
since when does Public Safety get over ruled in the interest of a language requirement...this issue is not being presented in the proper light...can you imagine if a Paramedic or a Law Enforcement officer refused to treat or help someone in dire straights because he or she could not speak their language..that is called neglect of duty...what is wrong with these judges and their lack of common sense...it is not the judges duty to fix the woes of society but to rule on Common Law and Common Sense... 


John O'Brien 
Reply to @David Stairs: most , if not all, of the judges in NB are deep in the pocket of SANB.There is no such thing as an independent court when it comes to language issues. I can still remember the case in Fredericton where a man was passed out drunk at the wheel of his car with it running. A mountie rousted the man and he replied in English , so the Mountie continued in English.
Being inebriated behind the wheel of a running vehicle is a clear violation of the law but the judge ( a



Marguerite Deschamps ... 
Reply to @John O'Brien: for one who has been following language cases in NB should be well aware that judges have upheld Anglophone rights as well when they were violated such as the McGraw case in Tracadie in 2012. McGraw got off the hook for the same reason. For one who's supposed to know, why did you overlook that one?


David Amos  
Reply to @Marguerite Deschamps: What of Federal Court File No T-1557-15?


Larry Larson
Reply to @Marguerite Deschamps: The only McGraws I know in Tracadie are French so what are you talking about?


Larry Larson: 
Reply to @Larry Larson:

Just now

Reply to @Larry Larson: Never mind, I just read the case! It should have been tossed, too, simply because the law is stewpid and being abused! When someone speaks to you in a language that you understand then your rights are NOT being violated!



Marguerite Deschamps
Reply to @Larry Larson: see, I told you so! Ken McGraw, sounds quite English to me!


David Amos
Reply to @Marguerite Deschamps: Methinks you never read a thing N'esy Pas?

R. v McGraw (2007)
Year: 2007
Categories: Language rights and services to the public
Court: Court of Appeal of New Brunswick
Citation: 2007 NBCA 11
"the Court of Appeal upheld the decision rendered in the Court of Queen’s Bench to vacate the convictions, but set aside the verdicts of acquittal, ordered a new trial on both Notices of Prosecution and directed the trial judge to order their withdrawal pursuant to section 106(7) of the POPA, in the event that Mr. McGraw is called upon to answer the charges once again."


Marguerite Deschamps
Reply to @David Amos: although as imminent a jurist as you profess to be, and being the example of ethics everyone should abide by, we will say that you must have overlooked the conclusion of the Chief Justice in the last paragraph of the McGraw decsision:
35 I would wrap up the proceedings by echoing the summary conviction appeal judge's emphasis on the importance of linguistic rights in New Brunswick, the only Province with two official languages. Language rights, whether sourced in the Charter, the Official Languages Act or POPA, set us apart in the Canadian federation; as time goes by, more and more of our citizens proudly view those rights as what defines them as New Brunswickers. Hopefully, the outcome of these proceedings will bring home to peace officers engaged in the enforcement of provincial legislation that language rights are infrangible.

Leave to appeal to the Supreme Court was refused, by the way.













Mack Leigh
If garbage like this continues I forecast an uprising in the not too distant future.....people are fed up with this garbage..


Marguerite Deschamps 
Reply to @Mack Leigh: are you advocating sedition? That's a crime in Canada.


Mack Leigh 
Reply to @Marguerite Deschamps: What is a crime is apartheid-style governing of our province with one minority having full , unfettered control to the detriment of all others....that is the real crime.


Christopher Beliveau
Reply to @Marguerite Deschamps: Right to free assembly, thats a right in Canada.


Marc Martin
Reply to @Mack Leigh: We are in control ?? Didn't Higgs and PANB just got voted in power ?
 
Marguerite Deschamps 
Reply to @Christopher Beliveau: definition of "uprising": an act of resistance or rebellion; a revolt.


Mack Leigh 
Reply to @Marguerite Deschamps: If what is going on in NB regarding language isn't absolutely revolting then what is !



Marguerite Deschamps
Reply to @Marguerite Deschamps: "oat".


David Amos 
Reply to @Marguerite Deschamps: "That's a crime in Canada."

So is libel



Marguerite Deschamps 
Reply to @David Amos: not if it's true!


David Amos 
Reply to @Marguerite Deschamps: Thats a moot point. In my humble opinion the truth is never libel. However methinks you need to study more law in order to argue a mere layman who loves to sue lawyers N'esy Pas? 

 
Josef Blow
Reply to @David Amos: Suing is quite different from prevailing. Moreover, your own assessment of your legal knowledge is highly overrated... lol


Marguerite Deschamps 
Reply to @Josef Blow: one of these days, he's going to get hit with onerous court costs for his frivolous actions.
 
 
Marguerite Deschamps 
Reply to @Josef Blow: one of these days, he's going to get hit with onerous court costs for his frivolous actions.












John Valcourt
Then it is time to amend the offical languages act and the charter. 


David Amos
Reply to @John Valcourt: I concur


Josef Blow
Reply to @David Amos: He doth "concur". Justice Valcourt must be delighted that JusDis Amos doth subscribe to his pov. Dave, you been readin' law books or sumpan fancy like dat?







Samual Johnston
it is hard to understand the logic - are they saying the government has to fill the positions with bilingual individuals no matter the cost? It can be done -- offer $250,000 salary and all sorts of bilinguals will stream in from around the world. Not real good for us tax payers though.


Marc Martin  
Reply to @Samual Johnston: The position were already being filled out by outside sources by the government but the Union and the English population where against it.


David Amos  
Reply to @Samual Johnston: What logic??? 
 

Samual Johnston
Reply to @Marc Martin: if they were being filled without additional cost then that would be ok in my book.















Nathan Simpson
So if you're driving up the road and come across someone who is badly injured/maybe dying in an accident and you only speak English. You get out to help and the person hurt only speaks French (or it could be the other way). What do you do?

Are we getting into an area where people are going to stop and think about maybe they are violating someone's chartered rights to language before helping them? Maybe being unable to communicate leads to unnecessary pain, opening the possibility of being sued or something.

And for the record I have stopped before in the past to help people who needed it without seeing who it was that I was helping, and will continue to do so in the future. 



Mack Leigh 
Reply to @Nathan Simpson: Also wonder about the " rights " of every other person in this province whose first language is neither English or French..... This whole forced official bilingualism garbage has gone from the sublime to the absolutely ridiculous....... NB should return to ONE official language only and that language should be the language of the majority... Enough of this apartheid governing...


Marc Martin 
Reply to @Mack Leigh: Why don't we make everything French ?


Joseph Vachier 
Reply to @Marc Martin: because its a useless dying language


Marguerite Deschamps 
Reply to @Joseph Vachier: you should travel more; hundreds of million speak French in the world. You just hate that language, admit it!


Les Cooper 
Reply to @Marguerite Deschamps: they speak real french not Acadian half and half


Les Cooper 
Reply to @Marc Martin: LMAO


Marguerite Deschamps
Reply to @Les Cooper: I speak perfect French and an understood in that language wherever I go in the world.


David Amos 
Reply to @Marguerite Deschamps: Methinks it strange that you can't make yourself understood in the forum N'ey Pas?


Mack Leigh
Reply to @David Amos: Let's make everything German... Let's make everything Irish Gaelic...Let's make everything Scottish Gaelic....Let's make everything Italian....Let's make everything ................. No wait, the language of the Majority which is comprised of all languages is.....English... Time to abolish Forced Official Bilingualism and return to one official language....the language of the majority...... English...


Marguerite Deschamps
Reply to @Mack Leigh: forget it. It will never happen.


David Amos
Reply to @Marguerite Deschamps: Methinks if Quebec had the cajones to finally spit from Canada it would happen overnight N'esy Pas?
















William Henry
So, nothing is better than something. Only in the SANB world. I assumed Madame LeBlanc was a graduate of the UdeM law school and guess what.........she is! How could I have known she was part of the UdeM mafia!!!!


Mike Steeves 
@Marc Martin: i think that people are just tired of the Pro-French Anti-English sentiment in our NB culture sir. Its not that any of us are against french, but to make it necessary to have everyone be fluently bilingual in a province where only 2 percent of the population identified as not being functional in English, is just way off base and to be frank, really stupid.


William Henry 
Reply to @Marc Martin: Actually you are wholly incorrect. All I'm looking for is someone who will make decisions based on reality not based on utopia. Nobody fundamentally disagrees with the need to communicate in many languages, not just English and French, however, we do live in reality of not having the human resources, not just in this profession, to do this. What strikes me is that groups like the UdeM mafia and the SANB vocally say it would be better to have no paramedic show up to a call than one that has to use technology to communicate. WOW. We know its not perfect, but its better than nothing.


William Henry
Reply to @Marc Martin: You are so bigoted on this issue you cant even accept that there are ideals and then there is reality. Im done with you!!


Marguerite Deschamps 
Reply to @William Henry: maybe you shuoshould be charged with contempt of court.


Alex Forbes 

David Amos

Content disabled
Reply to @William Henry: "Im done with you!! "

Methinks it was a small wonder that his comment went "Poof" N'esy Pas? 

 

Rj Leblanc
Reply to @William Henry: Your comments are offensive














Daryl Doucette
Perhaps its time to get rid of official forced bilingualism here in New Brunswick.


Mike Steeves 
Reply to @daryl doucette: If you have a plan, lets hear it hahahhaa


Mack Leigh 
Reply to @daryl doucette: Yes !! Yes !! Yes !!


Daryl Doucette
Reply to @Marc Martin: Was there a referendum or vote that brought "Official Bilingualism " to NB? NO. FORCED upon us by corrupted politicians.


Josef Blow 
Reply to @daryl doucette: Poor you. How are YOU forced to speak the two official languages?


Marguerite Deschamps  
Reply to @Josef Blow: he's not forced to, just jealous that some can.


David Amos
Reply to @daryl doucette: "Was there a referendum or vote that brought "Official Bilingualism " to NB? NO. FORCED upon us by corrupted politicians."

BINGO







Relaxing bilingual rules for paramedics would violate charter, judge rules

Court of Queen's Bench Justice Denise LeBlanc quashes a 2018 ruling by labour arbitrator John McEvoy



A judge has ruled that Ambulance New Brunswick and the provincial government can't relax the bilingual hiring requirements for paramedics because doing that would violate the Official Languages Act and the Charter of Rights and Freedoms.

The decision by Court of Queen's Bench Justice Denise LeBlanc quashes a 2018 ruling by labour arbitrator John McEvoy.

McEvoy found ANB's practice of not filling permanent, full-time positions with unilingual paramedics violated the union contract because it gave preference to bilingual candidates with less seniority.

McEvoy suggested the province 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.
But in her decision, LeBlanc said previous legal precedents make clear that a radio or phone system does not meet the requirement for equal service in both languages.

The effect of implementing the McEvoy ruling "would be the denial of the right of citizens of New Brunswick to receive services of equal quality in the language of their choice anywhere in the province," she wrote.

And she said that the radio system "does not, in matters regarding official languages, constitute a service of equal quality."


Premier Blaine Higgs said he will respect the ruling. (CBC)


Premier Blaine Higgs said the decision is mostly irrelevant because his government decided not to implement McEvoy's decision and to find other ways to address idled ambulances and a lack of full-time work for unilingual paramedics.

"This decision is something that is related to our requirements as a bilingual province, and I'll respect the outcome of that," he said.

Ruling is 'nothing new'


Retired law professor Michel Doucet said the ruling was not a surprise because it's consistent with court rulings and legislation going back to 1969.

"It's nothing new," said Doucet, who represented Michel Carrier, the official languages commissioner, at the January hearing in the case.


Michel Doucet, a retired law professor, said the ruling was not surprising since it's consistent with past court rulings and legislation. (Jacques Poitras/CBC)


"It's just that the government has to put in place measures to ensure that citizens receive quality services in the language of their choice everywhere in the province of New Brunswick."

Greg McConaghy, the president of Canadian Union of Public Employees Local 4848, which represents paramedics, could not be reached for comment.

The union filed the grievance that led to the McEvoy ruling and had urged the court to uphold it.
"Please allow us time to review the decision and update you soon on what this all means," said a post on the union's Facebook page.

CUPE lawyer Glen Gallant said the union would evaluate whether to file an appeal.

 In the 36-page ruling, LeBlanc writes that  "regrettably," McEvoy's analysis "was made outside and with no consideration of the constitutional language regime particular to New Brunswick" or previous court decisions.


The Progressive Conservatives and the People's Alliance campaigned in 2018 on promises to address what they said were slow ambulance response times because many bilingual positions were not being filled. (CBC)


That includes Section 20 (2) of the charter, which says any member of the public "has the right to communicate with, and to receive available services from," the provincial government.

The question of bilingual paramedics became a campaign issue in last year's provincial election.
The Progressive Conservatives and the People's Alliance campaigned on promises to address what they said were slow response times because many bilingual positions were not being filled.

After the PCs took power, Health Minister Ted Flemming said the government would adopt some of McEvoy's ideas, such as relaxing the bilingual requirement in some areas of the province.
But a month later the government abandoned that approach. Instead it said it would offer the unilingual paramedics permanent, full-time positions and assign them to "float teams" to fill spots where no bilingual applicant is available.

At the same time, the province and ANB said they would continue to try to meet the legal obligation to designate at least one bilingual paramedic position on every two-person ambulance team.

Ruling vexes People's Alliance


People's Alliance Leader Kris Austin called the new ruling "unfortunate" and said if he were the premier, he would implement McEvoy's recommendations regardless.

"It's easy for the courts to sit and interpret the law," Austin said. "It's another thing for the government and the province to implement the practicalities of everyday service to the citizens."


People's Alliance Leader Kris Austin said the ruling was 'unfortunate' and he rejected the idea that a radio or phone translation system is unacceptable. (Radio-Canada)


Austin also rejected the finding that the radio line translation is unacceptable, citing simultaneous translation used in the legislature — though that translation is required by different sections of the law and the Constitution.

"We might have to look at the law," he said. "That's what we're here to do. We're here to make laws and change laws."

He said he would consider introducing a bill to amend the act and a resolution to amend the charter.
Green Leader David Coon said the ruling should settle the long-running debate about the legal requirement for bilingual ambulance service.

"It should resolve it, because the decision is clearly that we have to provide those services directly, by people," he said.

"The People's Alliance have got to give that up and deal with the reality of New Brunswick, which is that we are a bilingual province, where we provide services to New Brunswickers in both official languages."


Beaulac decision


LeBlanc's decision cites two decades of legal precedents stemming from the Supreme Court of Canada's 1999 Beaulac decision.

That landmark ruling said that language equality requires "equal access to services of equal quality" in both languages and is not an accommodation or compromise for a minority language group.

The ruling also said that governments can't ignore their language obligations over a "mere administrative inconvenience."


About the Author




Jacques Poitras
Provincial Affairs reporter
Jacques Poitras has been CBC's provincial affairs reporter in New Brunswick since 2000. Raised in Moncton, he also produces the CBC political podcast Spin Reduxit. 





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