New Brunswick Government Files Appeal
The current provincial government seeks to overturn a December court decision that deemed the previous administration’s dissolution of the Vitalité health board a violation of minority language rights. Lawyers from the attorney general’s office submitted a notice of appeal to the Court of Appeal in Fredericton on Thursday afternoon.
This move follows just two days after officials announced plans to restore elected positions on regional health authority boards starting in 2030. Previously, both the Vitalité and Horizon boards featured eight elected members and seven appointed ones.
Background of the 2022 Health Care Overhaul
In July 2022, following the tragic death of a patient in the emergency department waiting room at Dr. Everett Chalmers Regional Hospital, then-Premier Blaine Higgs dismantled both health boards. He appointed trustees in their place, replaced the health minister, and dismissed Dr. John Dornan, the president and CEO of Horizon at the time.
The francophone advocacy group Égalité Santé en Français contested the elimination of the Vitalité board, asserting it breached Section 16.1 of the Charter of Rights and Freedoms. This section ensures equality between English and French linguistic communities, including access to distinct institutions vital for their preservation and promotion.
On December 30, Court of King’s Bench Justice Christa Bourque ruled that substituting the elected board with an appointed trustee contravened Charter protections. “Vitalité plays an essential role in the life of the francophone minority language community,” she stated in her decision. “The dissolution of the board took away the control that the community exercised through its elected members.”
Government’s Arguments in the Appeal
The appeal notice contends that the judge committed legal errors, deviated from proper procedure, and improperly invoked unwritten constitutional principles. It further argues that she expanded the interpretation of a Charter provision in a manner inconsistent with a recent Court of Appeal ruling on the Acadian Peninsula courthouses case.
Justice Minister and Attorney General Robert McKee emphasized the need for judicial review. “The ruling raises important legal questions that require further clarification,” McKee said in a statement. He affirmed the government’s dedication to official languages, noting, “Our respect for the French linguistic community and for the principle of linguistic equality remains fundamental to our government and to who we are as a province.”
McKee added that the appeal aims to deliver clearer guidance on the ruling’s implications for government operations and decision-making, particularly regarding future health care governance.
Reactions from Francophone Advocates
Hubert Dupuis, president of Égalité Santé en Français, condemned the appeal as a “stab in the back” for the francophone community. “How can we say one day that we’re going to reinstate elected representatives to the board of directors and, the next day, argue that the Higgs government was right to abolish them?” he questioned in a statement. “This government is the epitome of a weather vane.”
Dupuis highlighted this as the third recent dispute involving francophone rights in the province. In September, the Court of Appeal determined that closing two courthouses on the Acadian Peninsula did not infringe constitutional language rights, relieving the government of any obligation to reverse the decision. Meanwhile, Canada’s Supreme Court continues to deliberate on arguments from November concerning the 2019 appointment of unilingual Lieutenant-Governor Brenda Murphy, assessing its constitutionality.
