N.B. Appeal Court says lieutenant-governor is not required to be bilingual
Ruling overturns 2022 decision that said Brenda Murphy’s appointment violated Charter language rights
Everyone agrees that whoever is appointed to the position "should ideally be fluent in both official languages of the province," the New Brunswick Court of Appeal says in a decision issued Thursday morning.
But "our analysis brings us to the conclusion that the Charter does not, in fact, impose such a requirement."
The decision overturns a 2022 ruling by Court of King's Bench Chief Justice Tracey DeWare that the Charter of Rights and Freedoms imposes a bilingualism requirement not just on the institution but on the person holding the position of lieutenant-governor.
Philippe Lagassé, an expert on the parliamentary system and the monarchy at Carleton University, said DeWare's ruling two years ago "was kind of stretching the concept way too far," and he agreed with the appeal court.
"The attempt to tie the bilingualism of the institution to the individual office-holder was always extremely tenuous," he said.
The Acadian Society of New Brunswick, which launched the case, said it will apply to appeal Thursday's ruling to the Supreme Court of Canada.
A
spokersperson says Lt.-Gov. Brenda Murphy 'acknowledges and values the
importance of official bilingualism in shaping New Brunswick's distinct
character.' (Edwin Hunter/CBC News)
University of New Brunswick law professor Kerri Froc said that will be difficult because the appeal court's decision is "eminently reasonable."
Prime Minister Justin Trudeau appointed Brenda Murphy as lieutenant-governor in 2019.
While she has made attempts to learn some French and speak it, she has acknowledged she is not bilingual.
"The Lieutenant Governor acknowledges and values the importance of official bilingualism in shaping New Brunswick's distinct character," her spokesperson, Alex Robichaud, said in a statement Thursday in response to the ruling.
"Throughout her mandate, the Lieutenant Governor has developed relationships with New Brunswickers of all walks of life in both official languages and is committed to continuing the promotion of the French language and the Acadian culture."
The Acadian Society argued that Trudeau's appointment was subject to bilingualism requirements in the Charter.
Court
of King's Bench Chief Justice Tracey DeWare with New Brunswick Court of
Appeal Chief Justice Marc Richard. The photo was taken at her
swearing-in ceremony. (Submitted by Tracey DeWare)
DeWare's 2022 ruling agreed, though she did not declare the appointment invalid because that would have called into question all the laws Murphy has signed and the appointments and other cabinet decisions made in her name.
DeWare wrote in 2022 that it was "overly simplistic" to argue Charter language provisions don't apply to the individual holding the position of lieutenant-governor, given "the extremely unique character and constitutional quality of the role itself."
But the appeal court suggests DeWare inserted her own opinion when she concluded that, without properly examining the wording of the Charter.
DeWare needed to conduct "a thorough analysis" and find "a true requirement of personal bilingualism" in the wording of the Constitution, the decision says.
"Her opinion on the nature of Lieutenant Governor does not necessarily lead to a finding that these provisions have been violated," it says.
The Charter gives people in New Brunswick the right to communicate with any government office or institution, and to receive government services, in either English or French.
In another section, the court says DeWare reached her decision "without closely examining the exact wording of the relevant provisions and without taking that wording into account in her interpretation."
DeWare said in her 2022 decision that the lieutenant-governor needed to be bilingual because she participates in social and community functions, where she interacts with people.
But the appeal court says the Charter doesn't specify a right to "speak" to the lieutenant-governor herself in English or French, only to communicate with her office.
"Such interactions with the public are occasional and, although desirable and beneficial, they do not fall within the exercise of a constitutional right."
The appeal court said its decision does not call into question the fundamental principle established by the Supreme Court of Canada that language rights must be "interpreted liberally."
ABOUT THE AUTHOR
Oh My My isn't that rather special?
They don't require it to be bilingual... It's just ignorant to do appoint somebody to the post who isn't bilingual seeing that the province is just that...
Wilbur Ross
Reply to Harry Gothem
Its a weird choice for the Grits. But no one in power in NB can speak French if you stop and think about it.
JOhn D Bond
Reply to Wilbur Ross
Is it? I don't agree.
Wilbur Ross
Reply to JOhn D Bond
Its not??? We are taking about NB. Not AB. You seem confused.
Reply to Harry Gothem
they don't know...that's a normal condition for most of us
unable or unwilling to learn?
for me that's a problem
Reply to Bill Hanson
Only in NB where new people who are welcomed to the province and any semblance of their heritage from elsewhere in the world is wiped cleaned and placed in a bracket of one of two languages and nothing more .
Harry Gothem
Reply to Lou Bell
You know nothing about the history of NB if you believe what you wrote. The French Population were ripped of all their goods and shipped to assimilate them by the English.
Jack Bell
Reply to Harry Gothem
"ripped of all their goods and shipped to assimilate them"
Please clarify this statement.
Lou Bell
Reply to Lou Bell
Here not hear
Harry Gothem
Reply to Jack Bell
Just read about Acadiens... The history is clear. NB familles were literally forced on ships and moved to other parts of the colonies. Land were taken away and given to new English settlers...
You would know that if you actually read history books.
Lou Bell
Reply to Harry Gothem
And you would know if you actually understood they were required to swear allegiance to the Queen of England . Some did , some didn't . Those who did remained . Whether it was right or wrong , it was done before Canada was ever a country . All of North America was a free- for-all . Time to end the " pity party " don't ye think ?
David Amos
Reply to Jack Bell
Ditto
JOhn D Bond
Reply to Harry Gothem
What happened centuries ago is the past.
Reply to Harry Gothem
You need to read more books
Lou Bell
Content Deactivated
No , you think NB is a province of people of 2 languages and nothing more . We have thousands of new immigrants entering our province annually and they're pegged as English or French speaking and nothing more . And YOU fail to even recognize Canada and it's native people were hear long before the French . So you're the one who's not up on Canada's heritage .
Robert Cobb
Content Deactivated
Absolutely correct decision: the indulgence of the conquered peoples went too far.
Frank Slide
Reply to Robert Cobb
Absolutely correct!
David Amos
Reply to
Ditto
I'm always amazed when I meet Europeans that can converse in 7 or 8 languages, and think nothing of it
David Amos
Reply to Bill Hanson
Its all about the money
Bill Hanson
Reply to David Amos
so then learn French
I did, badly....but enough to pass the test
David Amos
Reply to Bill Hanson
I studied French and Latin in High School in Fat Fred City aka Freddy Beach back in the sixties Many of my classmates when on to be politicians, judges and lawyers Trust that not all of us are retired
David Amos
Reply to Bill Hanson
So which one of my politcal foes do you work for?
Lou Bell
Reply to Bill Hanson
And are they denied employment because they speak only one language ?
Bill Hanson
Reply to Lou Bell
to get a job as a physician...you have to graduate med school
to get a job as an electrician...you need to complete an electrical apprenticeship
you need that knowledge to do the job
David Amos
Reply to Bill Hanson
I have sued more lawyers than anyone else in history yet never went to law school
David Amos
Reply to Bill Hanson
I have run for public office seven times yet never studied political science
Graham McCormack
Reply to David Amos
That seems to be a pretty wide brush.
Bill Hanson
Reply to David Amos
ah...sovereign citizen
David Amos
Reply to Bill Hanson
Nope just a very Proud Canadian
David Amos
Reply to Graham McCormack
Yup but a wide brush is necessary when dealing with rampant public corruption
Lou Bell
Reply to Bill Hanson
And yet for many jobs , knowing 2 languages is a requirement . Doesn't matter how well you did other than a pass when it came to job training . But in many jobs , it does when it comes to language .
Lou Bell
Reply to David Amos
And won pretty well none I suspect .
Lou Bell
Reply to David Amos
Anyone can run for office . 25 signatures and that's it . Many who get the 25 signatures don't even get 25 votes come election time .
David Amos
Reply to Lou Bell
If I respond you will flag me correct?
Bill Hanson
Reply to David Amos
The Army put me through a conversational French program
bunch of knuckle-draggers struggling through
kind of funny...kind of sad
but we learned
Bill Hanson
Reply to David Amos
as Grace Slick said
"feed your head"
David Amos
Reply to Bill Hanson
I was accepted to St Jean in 1970
David Amos
Reply to Bill Hanson
The David I am named after was my Father's friend who killed on my Mother's birthday June 24th 1944 My Mother gave be the name Raymond after her brother who was killed 2 weeks before in Normandy
David Amos
Reply to Bill Hanson
If you wish to chase a white rabbit I suggest that you read statement 83 of my lawsuit ASAP
Bill Hanson
Reply to David Amos
I suspect that would be far beyond my capacity
we were not required to read or write in French
we did...but that was not tested
David Amos
Reply to Bill Hanson
If you were in Canadian Forces then your oath to the Crown is still in effect Hence you opt to attack me correct?
David Amos
Reply to Lou Bell
"And won pretty well none I suspect"
Reply to David Amos
second...no I'm not
indifference....Non-Malfeasance
Nobody cares
Reply to Sean Adams
"Other"
Suits me to a T
Content Deactivated
Reply to Mike Carruthers
Lots of people who do business do learn those languages. Canadians are all over the world.
Reply to Mike Carruthers
Dream on
Reply to Mike Carruthers
and that would be a bad thing because....?
why is "learning" such a problem
Hire or appoint the best person qualified. The language can always be figured out later on.
Reply to Mike Carruthers
Language requirements may be a prerequisite for the job; maybe fluency in Russian for an embassy job.
Reply to Mike Carruthers
I agree 100% Mr. Carruthers.
Reply to Mike Carruthers
Common sense does apply to governmental issues
Methinks it just another Faux Pas of Trudeau The Younger that nobody seems to appreciate N'esy Pas?
Reply to Zoe Richmond
Why is I feel honoured by the fact that I touched the third rail again?
Content Deactivated
Reply to Dawn Ranjoe
Yea Right
Content Deactivated
💯%
Reply to Robert Mineau
so...it's impossible to learn French?
Content Deactivated
Should you need to learn an entire language to do a sufficient job? English is an official language.
Reply to Robert Mineau
How many people have been barred from the legislative properties in New Brunswick and the rest of Canada for political reasons?
Reply to Robert Mineau
Don't know where that regulation can be found in the politician handbook. The ability to speak more than one languages opens opportunity.
Reply to Dawn Ranjoe
I learned French in the Army
AND Morse code
AND how to type
(I'm pretty bad at all of them...but I passed)
if you want the job...you learn the needed skills
Reply to MR Cain
It is a requirement for a lot of government jobs. Look it up. So, yeah, I would call that a regulation.
Reply to Robert Mineau
For those jobs designated. The article is about an appointed official representing the monarchy.
Reply to Robert Mineau
but not too many ENTRY level jobs
if you get the job...and you want to advance...they will pay you to learn the other official language
Naw , most are because they're disruptive , a nuisance , and their complaint is nothing more than a self agenda that represents no one else than themselves or a small minority . Fringe groups .
Reply to MR Cain
And it should never be used to close opportunities for anyone . Imagine if one was barred from a county because they just don't speak the language . Bur here we are in Nb where people can actually be declined employment solely because they can't speak a language . We actually have many new people coming in and they are " politically bracketed " as being of one of two languages by politics and politics alone . Liek once they cross into Canada their original cultural heritage is wiped clean .
Reply to Robert Mineau
Well then perhaps the requirement is wrong and should be changed. The best person for the job should get the job. Of course in today's wacko world that is no longer the case but why should the better person in a dominantly English speaking province not get the job because of an inability to speak French which they will probably never use with the general public anyway.
Reply to Robert Mineau
Who has been barred from politics for speaking only 1 language? There are plenty of unilingual politicians at all levels.
I always found the French language spoken in NB was mixed with English anyways.
Reply to Zoe Richmond
We call it Chiac
Reply to Zoe Richmond
I have been called a petit chou a time or two
Reply to Zoe Richmond
Depends where you are; take a trip to Newfoundland.
Jason Reed
forcing government officials to be bilingual automatically reduces the odds of having the best/most qualified person for that position and reduces it to someone that can check a box.
Reply to Jason Reed
Amen
How would you even define "bilingual," from a legal standpoint? How much of the other language would you need to speak?
Reply to Tom Forsythe
Ask Higgy he should know
Reply to Tom Forsythe
https://www.canada.ca/en/public-service-commission/services/second-language-testing-public-service.html
Makes absolute sense. It should be the case in every province not called quebec which is unilingual.
Reply to Frank Slide
How does one say that they dont basics about Canada without actually admitting that? NB is only province that is officially bilingual.
Reply to Frank Slide
I have been talking to a lot of lawyers in Quebec lately and they all spoke English very well
Reply to Frank Slide
Federal public services are offered in both official languages everywhere in Canada.
Reply to Josh Frank
Canada is officially bilingual.
Reply to MR Cain
Tell Quebec..
Reply to Dave Sellers
Federal services are provided in both official languages.
Content Deactivated
Any idea how much that costs us? The US is bilingual too but they don't insist on having every product have two languages on their labels.
Content Deactivated
And they will never give us an actual number of how many people utilize one over the other.
Reply to Dawn Ranjoe
The feds publish the costs.
Unilingual Speaker 1, bilingual Speaker 0.
David Amos
Reply to Hugh MacDonald
I do not feel sorry for Billy He worked for the Speaker in 2004 when I was illegally barred from legislative properties in New Brunswick
Slow news day in Fredericton today?
David Amos
Reply to SW Home
I am enjoying it
Content Deactivated
Bilingualism costs billions. It's nice to maintain another language, but it's costly and it should not be a must for a job unless that job is translator. Did you know there were 70 different indig languages in Canada? If you come to BC the opposite is happening... Storefronts, advertisements in languages completely fore ign. Not sure why it's allowed.. English is the first amongst equals where language is concerned. If you know English, that should be good enough in this country. It's a requirement for air traffic controllers around the globe. The official language. We should be more concerned if this person can do their job well.
Content Deactivated
Ooops.. sorry for the double post. Didn't think it would be a go.
Reply to Dawn Ranjoe
Have you seen the Stop signs in Paris?
Reply to Dawn Ranjoe
Cool. What are the two official languages of Canada?
Reply to Josh Frank
Methinks we should never forget Chiac in New Brunswick N'esy Pas?
Reply to Dawn Ranjoe
If you haven't noticed, NB is officially bilingual. If the government cannot be bothered to appoint people that are bilingual then change the status of the province.
Why brag about being a bilingual province (and yes the government brags about it) but then not put the money on the table?
BTW there are countries where there are multiple official languages and that are much smaller than Canada, how is it that they managing and we cannot?
Reply to Koffi Babone
Its suppose me according to the Constitution, including the Canadian Charter of Rights and Freedoms.
Content Deactivated
Bilingualism costs billions. It's nice to maintain another language, but it's costly and no, it should not be a must for a job unless that job is translator. Did you know there were 70 different indigenous languages in Canada? Ever looked at a government statistics form? Waste of time and effort to maintain. If you come to BC the opposite is happening... Storefronts, advertisements in languages completely foreign. Not sure why it's allowed.. English is the first amongst equals where language is concerned. If you know English, that should be good enough in this country. It's a requirement for air traffic controllers around the globe. The official language. We should be more concerned if this person can do their job well.
Good ruling. You can have near instantaneous conversations through so many open and free means in today's world and getting better each day. Bringing this up to attempt to block someone was a weak argument at best.
It was a bad day for French Canada, and there for a bad day for the World
Josh Frank
A person selected to represent a province should reflect those they actually represent.
Reply to Josh Frank
Key word, "should", which is exactly what this case was about.
Reply to Josh Frank
I agree
Reply to Josh Frank
So they should be:
65.58% English
31.90% French
0.29% Algonquian languages
0.29% Mi'kmaq
0.25% Chinese
0.25% Korean
0.25% German
0.18% Arabic
0.16% Spanish
0.13% Dutch (Nederlands)
0.08% Tagalog
0.06% Hindustani
0.06% Persian
0.06% Italian
0.06% Romanian
0.06% Mandarin
0.05% Russian
0.04% Vietnamese
0.04% Serbo-Croatian languages
0.03% Polish
0.03% Hindi
0.03% Scandinavian languages
0.03% Cantonese
0.03% Portuguese
0.03% Urdu
0.03% Bantu languages
0.02% Bengali
0.02% Hungarian (Magyar)
0.01% Danish
0.02% Swahili
0.02% Greek
0.02% Serbian
0.01% Croatian
0.01% Norwegian
0.01% Swedish
0.01% Bosnian
works like a charm
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