The Supreme Court of Canada has ruled that the lieutenant-governor of New Brunswick must be proficient in both English and French. The 6-3 decision rejected the federal government’s argument that only the institution itself, not the individual in the role, needed to be bilingual.
Chief Justice Richard Wagner stated in the ruling that while New Brunswick’s language policy primarily focuses on institutional bilingualism, in cases where the institution is represented by a single person and key functions cannot be delegated, it is essential for that person to be able to communicate in both official languages.
The Acadian Society of New Brunswick initiated the legal challenge after Prime Minister Justin Trudeau appointed Brenda Murphy, who only spoke one language, to the position in 2019. The Court of King’s Bench Chief Justice Tracey DeWare initially deemed the appointment unconstitutional in 2022, but the New Brunswick Court of Appeal overturned that decision in 2024.
Nicole Arseneau-Sluyter, the outgoing president of the Acadian Society, expressed joy over the ruling, emphasizing the significance of having a bilingual lieutenant-governor. Brenda Murphy’s term ended in early 2025, and she was succeeded by Louise Imbeault, who is fluent in both English and French.
During a Supreme Court hearing in November, the New Brunswick government argued against the constitutional necessity of a bilingual lieutenant-governor. However, Premier Susan Holt acknowledged the clarity provided by the court’s ruling and emphasized the importance of bilingualism for both the institution and the individual holding the position.
The court highlighted that the language provisions in the Charter aimed not only at providing bilingual services but also at rectifying historical discrimination and promoting unity through equality. The ruling ensured that the legislation and orders signed by Brenda Murphy during her tenure remained valid.
Although three justices dissented, with Justice Malcolm Rowe expressing concerns about extending language requirements to other public offices in the province, the majority decision upheld the bilingual requirement for the lieutenant-governor role in New Brunswick.