Court of Appeal rules Lieutenant-Governor does not require bilingualism

New Brunswick’s Court of Appeal has stated that while it is preferable for the province’s lieutenant-governor to be bilingual, the Constitution does not mandate such a requirement.

In a decision released on May 23, the Court of Appeal overturned a lower court decision that concluded Prime Minister Justin Trudeau had breached constitutional language protections by appointing unilingual anglophone Brenda Murphy as lieutenant-governor in 2019.

The Acadian Society of New Brunswick contested Mr. Murphy’s appointment, asserting that it infringed upon the right to interact with and access services from the government in either official language.

Nevertheless, the Court of Appeal panel asserts that while citizens of Canada’s only officially bilingual province have the right to receive services in either language, the Canadian Charter of Rights and Freedoms does not impose a duty to appoint a bilingual lieutenant-governor.

The court clarified that the use of Canada’s two official languages in the lieutenant-governor’s office is not reliant on the “personal linguistic capabilities” of the office holder.

The Acadian society, in a statement, reiterated its belief that a bilingual lieutenant-governor is a constitutional necessity and plans to appeal the case to the Supreme Court of Canada.

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