Language commissioner wins right to intervene in paramedic hiring case

Judicial review coming up of arbitrator's recommendation not to require bilingual hires in some areas

Jacques Poitras · CBC News · Posted: Jan 08, 2019 3:31 PM AT

Official Languages Commissioner Michel Carrier will be able to intervene in a contentious court case involving Ambulance New Brunswick's bilingual hiring practices (CBC)

New Brunswick's official languages commissioner has been given a legal green light to intervene in a contentious court case involving Ambulance New Brunswick's bilingual hiring practices.

A judge has ruled that Michel Carrier's lawyers will be allowed to make arguments and present evidence during a judicial review scheduled for Jan. 24.

It's the first time a New Brunswick language commissioner has been granted intervener status in a case before the courts.

"I am of the view that the Court could benefit from the arguments to be provided by the commissioner in the resolution of the issues between the parties," Justice Denise LeBlanc of the Court of Queen's Bench wrote in her Jan. 3 decision.

Weakened bilingual requirements for paramedics violates languages act, says commissioner

Flemming's rhetoric on bilingual paramedics doesn't reflect province's position, says Higgs

Carrier's lawyer, Michel Doucet, argued during a hearing last month that the commissioner had valuable insights to offer the court on how the Official Languages Act is interpreted.

Carrier said in a statement last month that recommended changes to the bilingual hiring requirements for paramedics "compromise the respect of New Brunswickers' language rights" and should not be implemented.

The McEvoy ruling

The judicial review will examine a ruling last year by labour arbitrator John McEvoy. He found Ambulance New Brunswick was not complying with seniority clauses in its contract with the Canadian Union of Public Employees Local 4848.

McEvoy said Ambulance New Brunswick's use of temporary unilingual hires when it couldn't find bilingual paramedics, and the regular reposting of those vacancies, was interfering with seniority rights.

He suggested a regional-based hiring system that would not require bilingual paramedics in areas of the province where there is less demand for second-language service.

A map of where the McEvoy decision could be applied. The black areas are where there's less demand for English services, and the grey areas are where there's less demand for French services. (Province of New Brunswick)

The previous Liberal government asked for a judicial review of the decision because its recommendations appear to violate the legal requirement for equal service in both languages in every part of the province.

The Higgs government announced in December that it was directing Ambulance New Brunswick to implement the McEvoy decision, even before the judicial review is heard.

Tories loosen bilingual hiring requirements for paramedics in certain areas

Higgs would not say in an interview last month whether the province's lawyers would argue during the review that McEvoy's ruling complied with or violated the language law.

He said they'd be seeking "to get an interpretation" of how the law is applied.

The province's lawyers didn't take a position on whether Carrier should be able to intervene. CUPE 4848 opposed it, arguing the case is "a private matter" between the union and the province.

New Brunswick Premier Blaine Higgs wants to implement the McEvoy decision before the judicial review is heard. (CBC)

Carrier's lawyer Michel Doucet responded that McEvoy's labour ruling "went beyond the scope of the private matter" and waded into an interpretation of the Official Languages Act that would affect the rights of New Brunswickers.

Carrier's intervention in the paramedic case is the second time in recent months that an arm's-length legislative watchdog has gone to court.

Last fall, then-integrity commissioner Alexandre Deschênes filed the first-ever appeal by a commissioner in a right-to-information case.

The never-before-used power allowed him to challenge the province's refusal to provide a New Brunswick woman with an investigator's report on her use of an income-assistance program.

After Deschênes filed the case, the province relented and gave the woman the report.

CBC's Journalistic Standards and Practices

>
> ---------- Original message ----------
> From: "Gallant, Brian (LEG)" <Brian.Gallant@gnb.ca>
> Date: Mon, 24 Dec 2018 16:59:17 +0000
> Subject: RE: Facing a divided province, a non-profit strives for
> 'social cohesion' in New Brunswick ??? YEA RIGHT
> To: David Amos <motomaniac333@gmail.com>
>
> Thank you for writing to the Leader of the Official Opposition of New
> Brunswick. Please be assured that your e-mail will be reviewed.
>
> If this is a media request, please forward your e-mail to
> ashley.beaudin@gnb.camedia-medias@gnb.ca

>. Thank you!
>
> ---
>
> Nous vous remercions d’avoir communiqué avec le chef de l’opposition
> officielle du Nouveau-Brunswick. Soyez assuré(e) que votre courriel
> sera examiné.
>
> Si ceci est une demande médiatique, prière de la transmettre à
> ashley.beaudin@gnb.camedia-medias@gnb.ca>. Merci!
>
>
> ---------- Original message ----------
> From: "Mitton, Megan (LEG)" <Megan.Mitton@gnb.ca>
> Date: Mon, 24 Dec 2018 16:59:18 +0000
> Subject: Automatic reply: Facing a divided province, a non-profit
> strives for 'social cohesion' in New Brunswick ??? YEA RIGHT
> To: David Amos <motomaniac333@gmail.com>
>
> Je suis hors du bureau pour le temps de fêtes. Je serai de retour
> lundi, le 7 janvier. Je vous répondrai dès que possible. Bonnes fêtes
> à vous et à votre famille! ----- I am out of the office for the
> holidays and will be back on Monday, January 7. I wil respond as soon
> as possible. Happy holidays to you and your family.
>
>
>
> ---------- Original message ----------
> From: David Amos <motomaniac333@gmail.com>
> Date: Mon, 24 Dec 2018 12:59:05 -0400
> Subject: Facing a divided province, a non-profit strives for 'social
> cohesion' in New Brunswick ??? YEA RIGHT
> To: blaine.higgs@gnb.ca, robert.gauvin@gnb.ca, Dominic.Cardy@gnb.ca,
> Ernie.Steeves@gnb.ca, Sherry.Wilson@gnb.ca, mary.wilson@gnb.ca,
> carl.urquhart@gnb.ca, Catherine.Tait@cbc.ca, brian.gallant@gnb.ca,
> greg.byrne@gnb.ca, Jack.Keir@gnb.ca, nick.brown@gnb.ca,
> steve.murphy@ctv.ca, Jacques.Poitras@cbc.ca, darrow.macintyre@cbc.ca,
> kris.austin@gnb.ca, michelle.conroy@gnb.ca, rick.desaulniers@gnb.ca,
> David.Coon@gnb.ca, Kevin.A.Arseneau@gnb.ca, megan.mitton@gnb.ca,
> sutherland.marie@brunswicknews.com, Benoit.Bourque@gnb.ca,
> denis.landry2@gnb.ca, oldmaison@yahoo.com, andre@jafaust.com,
> COCMoncton@gmail.com, markandcaroline markandcaroline@gmail.com,
> Mark.Blakely@rcmp-grc.gc.ca, Gilles.Blinn@rcmp-grc.gc.ca,
> Gilles.Cote@gnb.ca, dan.bussieres@gnb.ca, Robert.Jones@cbc.ca,
> nick.moore@bellmedia.ca, David.Akin@globalnews.ca
> Cc: david.raymond.amos@gmail.com, info@dialoguenb.org,
> nadine.duguay@dialoguenb.org, Newsroom@globeandmail.com,
> news@kingscorecord.com, bruce.northrup@gnb.ca, bruce.fitch@gnb.ca,
> mike.holland@gnb.ca, jeff.carr@gnb.ca>, Ross.Wetmore@gnb.ca,
> BrianThomasMacdonald@gmail.com

, briangallant@nbliberal.ca,
> Brian.kenny@gnb.ca, serge.rousselle@gnb.ca, serge.gauvin@snb.ca,
> "alan.roy" alan.roy@snb.ca, Michel.Carrier@gnb.ca,
> claude.poirier@snb.ca, Hon.Dominic.LeBlanc@canada.ca
>
> https://davidraymondamos3.blogspot.com/2018/12/facing-divided-province-non-profit.html
>
>
> Methinks if Dialogue NB has been reading the CBC Comment Sections for
> the past year they would know that they have been ignoring their
> original mandate far too long N'esy Pas?
>
>
> https://www.cbc.ca/news/canada/new-brunswick/dialogue-nb-mandate-change-1.4950463
>
> Methinks Dialogue NB and all the politcal parties must have known that
> there were at least two Independent Candidates running in the last
> election as well One is English and one is French. We the best of
> friends and bilingualism is definitely not our number one concern.
>
>
> https://www.dialoguenb.org/dialogue-nb-unveils-action-plan-for-social-cohesion-2/
>
>
> Dialogue NB offers support to political parties in the aftermath of
> provincial election
> By Nadine Duguay|September 27th, 2018|Uncategorized|0 Comments
>
> Election results reveal urgent need to change the provincial
> conversation toward social cohesion
>
> Moncton, September 27, 2018
>
> Dialogue New Brunswick is reaching out to all four political parties
> that won seats in the New Brunswick Legislative Assembly on Monday to
> help them find ways to overcome the divisiveness that was expressed at
> the polls and find a path toward greater social cohesion.
>
> « The election results send a clear signal that it’s time to change
> the conversation in New Brunswick », says Nadine Duguay, CEO of
> Dialogue New Brunswick. « There is an urgent need to find ways to talk
> to each other and build greater understanding, trust and cooperation
> if we are to grow and prosper together as a province. Dialogue NB is
> here to help. »
>
> In June of this year, Dialogue New Brunswick announced it was taking
> the mantle of social cohesion. Its new slogan « One New Brunswick,
> together » became the rallying cry for the organization that vowed to
> champion and celebrate social cohesion across civil society by
> identifying ways to promote understanding, respect and harmony among
> all in an increasingly diverse province. In the few months since, key
> actions have included launching programs to provide leadership and
> support to New Brunswickers from all communities, cultural backgrounds
> and walks of life so they can identify what they share in order to
> work better together to create the conditions that will allow each
> person living in the province to feel valued, heard and that they
> belong. Dialogue NB is now offering political parties and other
> organizations to join in this mission.
>
> The organization mandated five Experts in Residence with helping guide
> the conversation, including Stephany Peterson, a PhD candidate at the
> University of New Brunswick. « Dialogue NB is ready with boots on the
> ground to be of service to our government and fellow New Brunswickers.
> We have heard the call of our province, and we are ready, willing and
> able to mobilize to respond. Rather than dwell in the fear of
> uncertainty and scurry to rely on the familiar, let us instead embrace
> this situation to see what role identity factors have played for this
> political landscape, and map a new course in the context of social
> cohesion to effect change.» says Ms. Peterson.
>
> « The election results will embolden those of us who believe in our
> province’s potential », says sociologist Mathieu Wade, also Dialogue
> Expert in Residence. « We have to embrace this unchartered territory
> and see it as an opportunity to reshape our provincial conversation.
> New Brunswickers are demanding it. »
>
> About Dialogue NB
> Dialogue is a non-profit organization, led by a volunteer board of
> directors, with a mandate to help the Province of New Brunswick be a
> more socially cohesive community. The organization develops programs
> and initiatives to help inspire communities and individuals to live
> together in greater harmony – respecting all people as valued members
> of society.
>
> Resident experts are available for interviews. For more information,
> please contact:
>
>
>
> Nadine Duguay Lemay
> Chef Executive Officer
> nadine.duguay@dialoguenb.org
> 506-850-1457
>
>
> Dialogue New Brunswick
> 202-735 Main Street
> Moncton
> New Brunswick E1C 1E5
>
> Phone: 506-852-4494
> Fax: 506-455-0081
> Mobile: 1-866-224-4040
> Email: info@dialoguenb.org
>

David Raymond Amos Round 3

Wednesday 9 January 2019

I would lay odds that Brian Gallant and his SANB lawyer buddies Michel Carrier and Michel Doucet are relieved that CBC does not offer a comment section today N'esy Pas?

Language commissioner wins right to intervene in paramedic hiring case

Judicial review coming up of arbitrator's recommendation not to require bilingual hires in some areas

The McEvoy ruling

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