Outgoing justice minister in contempt, says Court of Appeal
'I have never seen anything like this,' said Justice Ernest Drapeau during hearing
The New Brunswick Court of Appeal chastised the outgoing minister of justice Tuesday, saying Ted Flemming was in contempt of court in a case concerning courthouses on the Acadian Peninsula.
In April, a Court of King's Bench justice ruled in favour of a group of Acadian Peninsula mayors and cancelled the closure of courthouses in Caraquet and Tracadie.
The Blaine Higgs government was asked to come up with a new plan that would take into account the impact of the closures on the francophone community in the that region.
The government appealed that decision and a hearing took place Tuesday afternoon.
Situation is 'striking,' judge says
Justice Ernest Drapeau said he was surprised to see that Flemming had still not complied with the April judgment or requested a stay, pending the appeal.
"In a case like this, without a suspension order, the minister is effectively in contempt of the decision," said Drapeau, speaking in French.
He described the situation as "striking."
"I have been a judge on the Court of Appeal for over 25 years, I have never seen anything like this," said Drapeau.
"We ... are faced with a situation where the New Brunswick justice minister wants an appeal heard, when he has failed to comply with the decision he wants to appeal."
Drapeau and the other appeal judges — Kathleen Quigg and Denise LeBlanc — decided to suspend the appeal hearing until the minister of justice either complies with the Court of King's Bench's decision or obtains a stay.
Drapeau noted that in Monday's election, Flemming lost his seat and his party was ousted from government.
He said the appeal could be irrelevant if the next justice minister decides to comply with the Court of King's Bench decision.
Drapeau clarified that the suspension of the appeal was not based on the merits of the case.
Caraquet mayor hopeful
The suspension was welcomed by the Acadian Peninsula Forum of Mayors.
"That might be a perfect opportunity," said the forum's president, Bernard Thériault, mayor of Caraquet.
Speaking to CBC, Thériault said Minister Flemming had been unwilling to meet with them.
Caraquet
Mayor Bernard Thériault, part of a group of mayors who took the case to
court, is hopeful a Holt government will reopen courthouses in Caraquet
and Tracadie. (Mario Landry/Radio-Canada)
They're hopeful they'll get a chance to meet with a new Liberal minister before too long, he said.
"We want our tribunals back."
In a news release, the mayors said they ready are collaborate to propose innovative, useful solutions.
The region used to be home to the only unilingual francophone judicial unit in the province.
Since the courts closed three years ago, people from the Acadian Peninsula have had to travel to Bathurst for court, where they account for about 60 per cent of the caseload, said Thériault.
Probation agents, social services and RCMP investigations are also affected, he said, adding that a significant portion of Acadian Peninsula police officers are always tied up travelling to and from Bathurst for court.
The closures took place without any consultation to consider the impact on protection of linguistic minority rights, said Thériault.
Despite being a Liberal supporter, Thériault said partisan politics has nothing to do with his position on this issue.
The mayors group will be just as aggressive with the Liberal government to get their courthouses back, he said.
ABOUT THE AUTHOR
with files from Pascal Raiche-Nogue, Radio-Canada
Drapeau noted that in Monday's election, Flemming lost his seat and his party was ousted from government.
He said the appeal could be irrelevant if the next justice minister decides to comply with the Court of King's Bench decision.
Drapeau clarified that the suspension of the appeal was not based on the merits of the case."
Need I say this gonna be fun to deal with?
Strange how the Court was closed in St.Stephen by the Brian Gallant government which forced people to drive , or walk , to Saint John, and the decision was challenged in Court , and found to be lawful ; yet this ruling is saying just the opposite.....strange indeed .
Content Deactivated
Matter of fact, Greenfield (the old Atcon) is doing work for GNB again, thanks to higgs
Reply to Matt Steele
Tell me what that has to do with Susan Holt. Higgs had 7 years to deal with the Atcon 6 (Liberals), and did nothing.
Reply to Allan Marven
Reply to Matt Steele
You are comparing and 🍎 🍎 🍎 and 🍊🍊🍊.
Reply to Matt Steele
Do you still speak for the majority, like when you stated that Higgs was going to win a big majority❓
Reply to Matt Steele
Nobody complained or brought it to court. Did Higgs reopen the St. Stephen court?
Reply to Matt Steele
And of course a whopping SIXTY percent of SJ cases are from St Stephen? No? How many?
Reply to MR Cain
The decision by Brian Gallant in 2015 to close the St.Stephen Court House was challenged , and upheld by the Court .
Reply to Matt Steele
Reason being??
MR Cain
Reply to Matt Steele
So Higgs could have reopened it but he wanted to save money.
Reply to Allan Marven
and he could have reopened all the courthouses closed under Alward and Higgs.
I caused quite a circus beginning in the Sussex Court in 2004 that will never be forgotten by our justice system
Flemming and Higgs were of a similar nature, they were sure their opinion was right and everyone else was wrong and they just ignored them.
Reply to Eugene Peabody
That, and they are extrememly anti-French
Reply to Alison Jackson
Do you mean like when Brian Gallant's Liberals closed the Courthouse in St.Stephen in 2015......extremely anti English .
MR Cain
Reply to Matt Steele
Higgs reopened the court of course? or did he?
Reply to Matt Steele
You know this us vs them business is what got higgy canned the other night eh? Wonder why?
Reply to Al Clark
You know this us vs them business is what got Brian Gallant canned after ONLY ONE TERM eh? Wonder why?
Don't forget the Sussex Courthouse
Reply to Matt Steele
Between 1992 and 2015, 21 courthouses closed; cry me a river
Reply to Matt Steele
Sorry, no us vs them with gallant. He wasn't focused on ONE thing. Ya no; starts with h, ends with e, has at in the middle?
Reply to Eugene Peabody
And they both were not interested in supporting the large Acadien population, sadly!
what would be the penalty for anyone else?
Jay Miller
Reply to Loran Hayden
voted it out of office - gone
Reply to Jay Miller
Generally for contempt of court it would be jail until you comply.
Reply to Loran Hayden
How can you comply if you are locked up?
Reply to Dave Sellers
You would be set free on promise to comply and then back in jail if you don't.
Not true
Thats the reason I jumped bail in the USA and came home to run or Parliament again nearly 20 years ago
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