Supreme Court will rule on whether N.B. lieutenant-governor must be bilingual
Top court grants Acadian Society leave to appeal in case related to Brenda Murphy, former lieutenant-governor
The country's top court will rule on whether New Brunswick's lieutenant-governor must be able to speak both English and French.
The Supreme Court of Canada announced Thursday it will hear an appeal filed by the Acadian Society of New Brunswick.
The group filed application for leave to appeal last August over the 2019 federal appointment of former lieutenant-governor Brenda Murphy, who made attempts to learn and speak French but was not fluent.
"It's a good day for New Brunswick francophones, Acadians that the highest court in Canada will hear our [case] to make sure that New Brunswick has a bilingual lieutenant-governor," said president Nicole Arseneau-Sluyter.
"We have one now. We're happy. She's Acadian. But we know what happened the last time — and nothing against Mrs. Murphy. She was very competent and she did learn French. We were very happy," she said.
"But we want to make sure that this doesn't happen again because you never know. Next government, there's no guarantee. … So that's why we're pursuing this, to make sure."
Charter arguments
The Acadian Society contends New Brunswick's lieutenant-governor is required by the Constitution to be bilingual.
But the province's top court ruled in May there is no such requirement, overturning 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.
The New Brunswick Court of Appeal found that while people appointed to the position should ideally be fluent in the province's two official languages, "the Charter does not, in fact, impose such a requirement."
Section 16(2) of the Charter declares that English and French have equal status "in all institutions of the legislature and government of New Brunswick," while Section 16.1(2) requires the legislature and government to "preserve and promote" the equality of English and French.
Section 20(2) guarantees the right of any New Brunswicker to communicate with or receive services from "any office of an institution of the legislature or government of New Brunswick" in English or French.
Seeks 'black and white' decision
The lieutenant-governor is "an important position in New Brunswick and we are the only bilingual province in Canada," said Arseneau-Sluyter. "So it's the least that should happen to have someone that can understand and speak our language. Both actually — English is as important. We're on an equal basis when it comes to the law.
"So that's why we think and we believe for francophones and anglophones in New Brunswick that it's … important that they can converse and understand both," she said.
"And we need to have it answered, black and white for New Brunswick, for all of New Brunswick."
The Government of Canada website says lieutenant-governors "are the highest-ranking officers of their province and represent His Majesty The King in their jurisdictions." They are appointed by the Governor General of Canada, on recommendation from the prime minister and serve terms of at least five years.
New lieutenant-governor declines comment
Prime Minister Justin Trudeau named Louise Imbeault as Murphy's successor in November. Imbeault, a francophone, worked for Radio-Canada as a journalist for more than 30 years, eventually becoming the director of Radio-Canada Atlantique. She retired in 2011.
In 2010, the Acadian Society of New Brunswick awarded Imbeault the Prix Albert Sormany to celebrate her contributions to Acadia. She served on a committee with the provincial group in 2016 and in 2017, she was elected president of the National Acadian Society, a position she held for four years.
She declined to comment on the Supreme Court's decision Thursday.
"With the case having not yet been resolved, the Office of the Lieutenant Governor, nor the Lieutenant Governor, will be commenting on the matter," spokesperson Alex Robichaud said in an email.
Imbeault is a "long-standing member of the SANB," but was has not been involved in its appeal "in any way, in any capacity," Robichaud said.
Asked at the time of her appointment if she thought the lieutenant-governor should be bilingual, Imbeault did not answer directly.
"I do appreciate the fact that Mme. Murphy … promised to learn French, and she has met her promise," she told CBC News.
As is its practice, the Supreme Court gave no reasons for agreeing to hear the appeal.
A date for the hearing has not yet been set.