According to a New Brunswick Court of Queens bench, language deficiencies prevented Brenda Louis Murphy from performing her duties adequately in the bilingual province. His appointment was declared unconstitutional because it violated the rights and guarantees of New Brunswick’s bilingual status and the articles of the Charter of Liberty.
The Queens Bench of the Provincial Court of Justice has stated that the lieutenant governor of New Brunswick has a key role – as a signatory to regional laws and legislation, among other things – that he or she must be bilingual.
” The head of state was the only one […] To say that bilingual requirements do not extend to the lieutenant-governor is to say that an individual cannot be considered an institution, because it is a gross simplification of a complex issue that ignores the most distinctive and constitutional role of the character. . ⁇
The court decision was hailed by opposition parties in Ottawa and advocates for minority language rights across the country. Following this decision, many wondered whether the Governor-General of Canada also needed to know French and English.
The Brenda Murphy NominationOrganized in 2019 on the recommendation of Justin Trudeau, it was challenged in court by the Society de l’Acadie du Nouveau-Brunswick (SANB).
Of lawyersSANBMark Power and Darius Bose, now holding the title of Lieutenant-Governor of New Brunswick, are asking for a bilingual requirement to be included in the new version of the Official Languages Act.
There should be a discussion of what other parts of the Official Languages Act are, what other rights, should be reconsidered and upgraded in view of the tremendous benefits achieved today.Mark Power believes.
The two attorneys said the post of Governor-General of Canada should also be discussed. However, according to them, it is too early to say that the decision in the New Brunswick case serves as an example for the office of Governor-General, because in their case the decision is based on a section of the Charter. With New Brunswick status.
Prosecutors hope Ottawa will not appeal the case.
Stephanie Chaunard, a professor of political science at the Royal Military College in Canada, said the episode once again misrepresents the federal government’s treatment of the country’s linguistic minorities.
It is safe to say that Mr. Trudeau’s government has been the winner of official languages for the past seven years … but since 2019 official language minority communities have been waiting for modernization. Languages law official, She says.
Regarding the future of Mary May Simon as Governor-General of Canada, Stephanie Chowdhury said a new legal challenge should be launched.
Rather than making this decision and repeating it at the federal level it is an argument that needs to be made in court.She says.
The future of Brenda Murphy
In his decision, Chief Justice Dever said the onus was now on Ottawa to take action
Appropriate and prompt Brenda Murphy to rectify the situation without the need for departure.
According to attorney Darius Bose, however, she should question herself whether her French skills are up to the level required by the court.
If it is committed, there is no violation. If this is not complied with, the violation will continue until it is replacedHe \ he said.
Conservative MP Joel Godin said the file demonstrates the shortcomings of Justin Trudeau’s Liberal government when it comes to treating linguistic minorities.
This is an unacceptable lack of respectHe says.
It once again demonstrates the hypocrisy of the current government when it comes to official languages and everything it does with French.
Ashton told the New Democratic Party MP that he did not expect Ottawa to appeal the case.
Needless to say, since New Brunswick is the only bilingual province in Canada, even its lieutenant-governor must be able to express his feelings and perform his duties in our two official languages. By appointing a monolingual person to this position, the liberals showed a lack of respect for the Akkadians and the Francophones in the province.She says.
Same story from Black Quebecois MP Reel Fortin.
By appointing two Queen’s representatives, not one who can not speak French, the Liberals are doing very little in respecting our language.He says.
Instead of opposing the decision, liberals should observe the verdict and work to respect their own laws: the minimum compared to the French language.
It has not yet indicated how the federal government will respond to court requests.
We take the time to review the decision and reflect on the next steps, but we are committed to protecting and promoting the French language across the country and fostering linguistic duality.Justice Minister David Lametti said Press Secretary Chantalley Abertin.