The Supreme Court of Canada has ruled that the lieutenant-governor of New Brunswick must be able to perform their functions in both official languages.
In a 6-3 decision, the court says appointing a lieutenant-governor who can’t communicate in both official languages violates the section of the Canadian Charter of Rights and Freedoms stating that English and French have equal status in New Brunswick.
The ruling rejects a Court of Appeal decision that had said while it is desirable for the province’s lieutenant-governor to be bilingual, the Constitution doesn’t impose such a requirement.
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Writing for the majority, Chief Justice Richard Wagner says the equality of English and French in New Brunswick must be reflected in the lieutenant-governor’s personal ability to speak and to represent the institution in each official language.
The Acadian Society of New Brunswick had challenged the appointment of Brenda Murphy as lieutenant-governor in 2019 by then-prime minister Justin Trudeau.
The society had argued Murphy’s nomination violated the right to communicate with and receive services from the government in either official language.
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