Judge cancels province's closure of Caraquet, Tracadie courthouses
Court orders government to revisit closing buildings that are ‘symbol of justice’ in minority-language communi
The New Brunswick government has been ordered to reconsider the closure of two courthouses in the Acadian Peninsula after a judge concluded that minority-language concerns were ignored.
The provincial court facilities in Caraquet closed at the end of 2021 and Tracadie was reduced to a satellite operation in 2022, with all cases transferred to Bathurst.
The government argued that the number of cases being heard was declining and it was a more efficient use of resources to centralize court services in Bathurst.
But Justice Christa Bourque of the Court of King's Bench writes in a 48-page decision released March 28 that the government ignored the linguistic impact on the majority francophone area.
Crown prosecutors continue to work out of the Tracadie offices but all court matters are heard in Bathurst. (Serge Bouchard/Radio-Canada )
Her ruling cancels the two closures and orders the government to revisit the decision in light of the constitutional and linguistic issues she raises.
"I am persuaded that there is a positive connection between the closure of a courthouse and the protection, preservation and development of a minority language community," Bourque wrote.
"A courthouse is a symbol of justice and of the primacy of law at the heart of a community, embodying the principles of equity, responsibility and access to justice for all members of society.
"It represents a physical manifestation of legal authority and a crossroads for resolving legal issues and respecting the rights and responsibilities of citizens."
Caraquet Mayor Bernard Thériault, part of a group of mayors who took the case to court, says he's pleased with the decision. (Mario Landry/Radio-Canada)
A spokesperson for Justice Minister Ted Flemming did not say whether the province will appeal the ruling.
"The Department of Justice and Public Safety acknowledges the court's decision and respects the judicial process," Allan Dearing said in an email.
"The department will take the necessary time to review the decision."
Caraquet Mayor Bernard Thériault, part of the Acadian Peninsula Forum of Mayors who took the case to court, said he was pleased.
"We're very happy with that court judgment," he said. "This is consistent with what we thought should happen."
The mayors have have not taken a position on whether one or two courthouses should be reopened, only that court services in some form should be restored.
'Undeniable negative impact, says mayor
While the Caraquet building closed altogether, Crown prosecutors continue to work out of the Tracadie offices. But no judges are based in that building and all court matters are heard in Bathurst.
Bourque says the government failed to consider that the principle of open courts and access to justice ensures confidence in the rule of law, and that the closure would have an "undeniable" negative impact on that and on the language rights of people in the area.
The Bathurst courthouse is 66 kilometres from Caraquet and 71 kilometres from Tracadie, the decision says.
Cases heard in Caraquet dropped from 1,260 in 2012 to 711 in 2020, according to figures provided by the province in 2021. The number in Tracadie dropped from 1,061 to 478.
Tracadie
MLA Keith Chiasson says having a courthouse in the area was 'more
appropriate' to serve the 50,000 people on the Acadian Peninsula. (Jacques Poitras/CBC News)
The government argued that the centralization in Bathurst had reduced court delays and that no jobs were lost.
Tracadie Liberal MLA Keith Chiasson said court cases may be heard faster but the closures have created other inefficiencies, such as requiring a police officer based in the peninsula to spend half a day travelling to Bathurst and back to appear as a witness.
"It's not just a concern for our citizens but also for police forces who have to travel, social workers," he said.
"It just was more appropriate to serve 50,000 people in the peninsula to have one courthouse here."
Retired law professor Michel Doucet, a language rights expert, said it's possible the government could revisit the decision and still reach the same conclusion about closing the two courthouses.
But Bourque's focus on minority-language rights would make that hard to justify, he said.
"The province would have to demonstrate that that impact does not exist."
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With files from Alix Villeneuve
N.B. man makes first court appearance after 125 kg meth seizure on Ontario
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"A courthouse is a symbol of justice and of the primacy of law at the heart of a community, embodying the principles of equity, responsibility and access to justice for all members of society.
"It represents a physical manifestation of legal authority and a crossroads for resolving legal issues and respecting the rights and responsibilities of citizens."
"Bourque says the government failed to consider that the principle of open courts and access to justice ensures confidence in the rule of law"
I say Yea Right Please tell me another joke
News release
June 4, 2019 – Ottawa, Ontario – Department of Justice Canada
The Honourable David Lametti, Minister of Justice and Attorney General of Canada, today announced the following appointments under the new judicial application process introduced on October 20, 2016. The new process emphasizes transparency, merit, and diversity, and will continue to ensure the appointment of jurists who meet the highest standards of excellence and integrity.
Christa Bourque, Q.C., a partner at McInnes Cooper in Moncton, is appointed a Judge of the Court of Queen’s Bench of New Brunswick, Family Division. Madam Justice Bourque fills the vacancy created by the appointment of Madam Justice T.K. DeWare to Chief Justice of the Court of Queen’s Bench of New Brunswick.
Arthur T. Doyle, a partner at Cox & Palmer in Saint John, is appointed a Judge of the Court of Queen’s Bench of New Brunswick, Trial Division. Mr. Justice Doyle replaces Mr. Justice W.T. Grant, who elected to become a supernumerary judge effective October 28, 2018.
Robert M. Dysart, Q.C., a partner at Stewart McKelvey in Moncton, is appointed a Judge of the Court of Queen’s Bench of New Brunswick, Trial Division. Mr. Justice Dysart replaces Mr. Justice S. McNally, who retired effective April 11, 2019.
Methinks that will be sometime after the upcoming election is history N'esy Pas?
How far were the St. Stephen and Sussex courthouses from Saint John when the liberals shut them down???
St. Stephen courthouse closure prompts protest
CBC News | Posted: Thursday, October 15th, 2015 2:11 PM
The St. Stephen and Sussex courthouses will merge with the Saint John Law Courts this month
Thanks David. Just so long as I’m not late for dinner I’m ok. Have a good weekend.
Even more recently: Higgs gave more funding for trade programs at NBCC, with CCNB? Not so much. New nursing program with Beal University... Will that create french opportunities? Not so much. Slow persistent assimilation is a thing. Many countries thrive with multiple languages because they are all embraced equally. Here, one can't make any strives without the other calling it a waste. To those who say the English now can't get jobs because they don't know french - go learn it. I've been hearing that for the past 30 years. Go learn it. We french are everywhere in this country, like it or not, and a lot more are coming, like it or not.
Reply to Matt Steele
Reply to MR Cain
Government of Canada announces judicial appointments in the province of New Brunswick
News release
June 4, 2019 – Ottawa, Ontario – Department of Justice Canada
The Honourable David Lametti, Minister of Justice and Attorney General of Canada, today announced the following appointments under the new judicial application process introduced on October 20, 2016. The new process emphasizes transparency, merit, and diversity, and will continue to ensure the appointment of jurists who meet the highest standards of excellence and integrity.
Christa Bourque, Q.C., a partner at McInnes Cooper in Moncton, is appointed a Judge of the Court of Queen’s Bench of New Brunswick, Family Division. Madam Justice Bourque fills the vacancy created by the appointment of Madam Justice T.K. DeWare to Chief Justice of the Court of Queen’s Bench of New Brunswick.
Arthur T. Doyle, a partner at Cox & Palmer in Saint John, is appointed a Judge of the Court of Queen’s Bench of New Brunswick, Trial Division. Mr. Justice Doyle replaces Mr. Justice W.T. Grant, who elected to become a supernumerary judge effective October 28, 2018.
Robert M. Dysart, Q.C., a partner at Stewart McKelvey in Moncton, is appointed a Judge of the Court of Queen’s Bench of New Brunswick, Trial Division. Mr. Justice Dysart replaces Mr. Justice S. McNally, who retired effective April 11, 2019.
Biographies
Justice Bourque was born in Frobisher Bay, Northwest Territories (now Iqualuit, Nunavut), and grew up in Moncton. She attended l’Université de Moncton, where she obtained a Bachelor of Business Administration, followed by her LL.B. which she completed in 1994. Justice Bourque was called to the bar in 1995 and began her legal career in Saint John with the firm of Barry & O’Neil. In 1998, she returned to Moncton and joined the law firm of McInnes Cooper, where she has practiced for the past 21 years.
Justice Bourque’s practice covers a range of areas including insurance litigation, municipal law, and commercial litigation. She specializes in advising clients in the area of insurance law, including life and disability claims. She has appeared before the Court of Queen’s Bench on many occasions, as well as before the New Brunswick Court of Appeal and the Supreme Court of Canada.
A dedicated member of the New Brunswick Law Society, Justice Bourque served as a member of the New Brunswick Law Foundation for 10 years. She then became a member of the Discipline Committee and was recently appointed Vice‐Chair. She has lectured on many topics at the New Brunswick Bar Admission course in both French and English. She was appointed Queen’s Counsel in 2016.
For many years, Justice Bourque served as a Lay Councillor for the Association of Professional Engineers and Geoscientists of New Brunswick. She was a member of the Board of Trustees and Bursary Committee of l’Université de Moncton Law School and has acted as a judge in various moot court competitions, including the Laskin.
In 2018, Justice Bourque completed the Mediating Disputes program at Harvard Law School and has since acted as a mediator in a number of matters.
She lives in Dieppe, New Brunswick, with her husband, their two daughters, and their beloved Goldendoodles.
Justice Doyle received his B.Sc. from the University of New Brunswick and his LL.B. from Osgoode Hall Law School. He began his legal career with Patterson Palmer Hunt Murphy (a predecessor firm of Cox & Palmer) in 1995, where he completed his articles of clerkship.
From 1998 until rejoining Cox & Palmer as a partner in 2004, Justice Doyle was associated with Fried, Frank, Harris, Shriver & Jacobson, a New York–based international law firm. He represented companies throughout the United States, Canada, and Europe on transactions including mergers and acquisitions, joint ventures, private equity investments, financing transactions, and reorganizations.
Since rejoining Cox & Palmer, Justice Doyle continued to represent companies in similar transactions. He also had a corporate finance/securities law practice and was involved in many of Canada’s national securities offerings and other corporate finance/securities law-related transactions originating in the United States and abroad.
He was recognized twice as a “Lexpert Rising Star: Leading Lawyer Under 40” and twice as among the “Canadian Corporate Lawyers to Watch” in Lexpert’s Guide to the Leading US/Canada Cross-Border Corporate Lawyers in Canada. Lexpert has consistently recognized him as a leading practitioner in the area of corporate finance and securities and corporate commercial law. The Best Lawyers in Canada publication has consistently recognized him as a leading practitioner in securities law and mergers and acquisitions law.
Justice Doyle has served as a volunteer and director on a number of Canadian organizations.
Justice Dysart was born and raised in Moncton, New Brunswick. He obtained degrees in History and English Literature from Dalhousie University and the University of New Brunswick before returning to Dalhousie to study law. He obtained his Bachelor of Laws in 1996. Justice Dysart articled with the law firm Stewart McKelvey in Saint John, New Brunswick, before transferring to the firm’s Moncton office in 1998. He was admitted as a partner of the firm in 2004, and he remained with Stewart McKelvey throughout his career. He maintained a broad bilingual litigation practice, including insurance, construction, and commercial litigation. In recent years, his practice was focused on health law, medical malpractice defence, and professional regulatory matters.
Justice Dysart contributed to his profession by volunteering with the Canadian Bar Association (NB) and by acting as an elected member of Council and as past Chair of the Insurance Law Section. He was a frequent presenter in the areas of health, insurance, and construction law. He was a guest lecturer at the University of New Brunswick Law School in Health Law, and he was an instructor at the Law Society of New Brunswick’s Bar Admission Course in Civil Litigation for many years. He received his Queen’s Counsel designation in 2018, and he was admitted as a Fellow of the Litigation Counsel of America that same year.
Justice Dysart lives in Moncton, New Brunswick, with his wife Patty and their two children.
Quick facts
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At the Superior Court level, more than 300 judges have been appointed since November 2015. These exceptional jurists represent the diversity that strengthens Canada. Of these judges, more than half are women, and appointments reflect an increased representation of visible minorities, Indigenous, LGBTQ2S and those who self-identify as having a disability.
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The Government of Canada is committed to promoting access to justice for all Canadians. To improve outcomes for Canadian families, Budget 2018 will provide funding of $77.2 million over four years to support the expansion of unified family courts, beginning in 2019-2020. This investment in the family justice system will create 39 new judicial positions in Alberta, Ontario, Nova Scotia, and Newfoundland and Labrador.
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In addition, Budget 2018 provided funding for a further seven judicial positions in Saskatchewan and Ontario, at a cost of $17.1 million over five years.
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The funding outlined in Budget 2018 comes on top of resources allocated under Budget 2017, which created 28 new judicial positions across the country.
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In addition, the Government will invest $6 million over two years, beginning in 2018-2019, to support the judicial discipline process through which allegations of judicial misconduct are investigated. In this way, the Government will ensure that a robust process remains in place to allow Canadians to voice their concerns and submit complaints about judicial conduct to the Canadian Judicial Council and the Office of the Commissioner for Federal Judicial Affairs.
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Federal judicial appointments are made by the Governor General, acting on the advice of the federal Cabinet and recommendations from the Minister of Justice.
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The Judicial Advisory Committees across Canada play a key role in evaluating judicial applications. There are 17 Judicial Advisory Committees, with each province and territory represented.
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Significant reforms to the role and structure of the Judicial Advisory Committees, aimed at enhancing the independence and transparency of the process, were announced on October 20, 2016. Sixteen Judicial Advisory Committees have been reconstituted to date.
Contacts
For more information, media may contact:
Rachel Rappaport
Press Secretary
Office of the Minister of Justice
613-992-6568
rachel.rappaport@justice.gc.ca
Media Relations
Department of Justice Canada
613-957-4207
media@justice.gc.ca
Four of six judges appointed to New Brunswick courts have links to Liberal cabinet minister Dominic LeBlanc
Intergovernmental
Affairs Minister Dominic LeBlanc during question period in the House of
Commons on Parliament Hill, in Ottawa on Oct. 4, 2018.Adrian Wyld/The Canadian Press
Four of the six judges appointed to the federal bench in New Brunswick in the past eight months have links to Liberal cabinet minister Dominic LeBlanc, prompting renewed questions about the government’s use of partisan criteria in its choices for the judiciary.
Mr. LeBlanc, a New Brunswick MP, is a close confidante of Prime Minister Justin Trudeau. He is on medical leave from his position as Minister of Intergovernmental and Northern Affairs and Internal Trade while undergoing cancer treatment, but was part of the cabinet approval process for five of the appointments. Regionally important ministers have usually played a key role in judicial appointments.
The Liberals introduced changes to the judicial appointment system in October, 2016, saying they would ensure only the best candidates were appointed, without regard to political ties, in a transparent process.
Two months ago, however, The Globe reported candidates for federally appointed courts have their names put through a private party database called the Liberalist, which tracks party membership, participation in party activities and the taking of lawn signs.
Three judges named to superior courts in the spring and winter in New Brunswick made financial contributions of $400 each in 2009 to help pay down just over $31,000 in debt incurred by Mr. LeBlanc in his unsuccessful run for the party leadership, Elections Canada records show. Fifty-two people donated to pay off those debts. Each of the judges also made multiple donations to the Liberal Party since that time, records show.
All three – Justice Charles LeBlond of the Court of Appeal, and Justice Arthur Doyle and Justice Robert Dysart of the Court of Queen’s Bench – were appointed by Justice Minister David Lametti, who replaced Jody Wilson-Raybould in January.
A fourth, Court of Queen’s Bench Justice Marie-Claude Bélanger-Richard, appointed by Ms. Wilson-Raybould, is a relative of Mr. LeBlanc’s. She has also donated to the Liberals multiple times. Mr. LeBlanc says he did not participate in that appointment, posting a declaration on the website of the Office of the Conflict of Interest and Ethics Commissioner that he recused himself from all “discussions, decisions, debates or votes” on the matter.
And a fifth appointee has an indirect link to Mr. LeBlanc. Chief Justice Tracey DeWare of the Court of Queen’s Bench, chosen last month by the Prime Minister, is married to Jacques Pinet, who also contributed $400 to pay down those debts and has since made multiple donations to the Liberals, federal records show. Chief Justice DeWare was first appointed to the bench by the Harper government and had been a Conservative donor.
“It just smacks of old-school patronage from a PM and a minister who professed they were going to do things differently,” Lisa Raitt, justice critic for the Conservative Party, said in an interview.
She took aim at Mr. LeBlanc, who was found to have violated conflict-of-interest rules last September in approving a lucrative clam licence when he was Fisheries Minister that could have benefited his wife’s first cousin. “One wonders if there was any personal interest that was being fulfilled here,” she said.
Vincent Hughes, a spokesperson for Mr. LeBlanc, declined to comment and referred questions to Mr. Lametti’s office. Rachel Rappaport, a spokesperson for Mr. Lametti, said, “All judicial appointments are made on the basis of merit.” She added the process “neither disqualifies nor privileges an applicant on the basis of political association.”
Christian Michaud, the past head of the New Brunswick Law Society, said too much is being made of links with Mr. LeBlanc. “Our Province is small and everyone knows each other; that is simply a fact of life in this area of Canada,” he said in an e-mail.
Since 1988, candidates for federal appointment to the bench (to provincial superior courts, the Federal Court and Tax Court) have been screened by non-partisan advisory committees. The justice minister chooses from the candidates who passed muster at the committees. First, though the justice minister then does his or her their own vetting, and so does the Prime Minister’s Office, before the minister’s recommendation goes to cabinet for a vote.
Three years ago, the Liberals restored the “highly qualified” category. Under the Conservatives, judges were either qualified or not. But the Liberals, who created a system with annual reports on applicants’ and appointees’ gender, LGBTQ status, disability, ethnic minority status and Indigenous background, have refused to release the number of judicial appointees who were considered “highly qualified.” The justice minister is able to recommend candidates who are considered either qualified or highly qualified by the screening committees.
Academics who have studied the importance of political affiliations in the appointments process called Tuesday on the Liberals to make public the numbers of merely “qualified” judges they have appointed.
“They reintroduced the category [of “highly qualified”] so the implication was that was where they were going, but we don’t really have any idea,” Lori Hausegger, an associate professor in the political science department at Boise State University in Idaho, said in an interview.
Mr. Lametti’s office did not answer why it would not reveal the number of merely “qualified” candidates who were appointed.
Prof. Hausegger also said Ottawa should consider adopting a system like Ontario’s, in which a non-partisan committee drafts a short list of names from which the justice minister must choose. (The minister, in Ontario’s system, is free, however, to ask the committee for more names.) This allows less scope for choices to be influenced by partisan considerations, she said.
Erin Crandall, who teaches in the department of politics at Acadia University, said the system, though non-partisan in its initial stage, vests a great deal of discretion in the executive branch. That discretion can be used to appoint more women and minorities, as the Liberals have done, she said in an interview, or to candidates with partisan affiliations an advantage over others.
Elections Canada records do not show any donations made by a sixth appointee, Justice Christa Bourque, of the Court of Queen’s Bench, Family Division, who was appointed last month.
The Globe was unable on Tuesday to reach the judges with links to Mr. LeBlanc named in this story.
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