In Canada's only bilingual province, the appointment of officials who do not speak English and French has been banned

The Supreme Court of Canada recognized that appointing a Lieutenant Governor of New Brunswick who does not speak both official languages of the country violates the linguistic rights of the province's Francophone residents. This concerns New Brunswick — the only officially bilingual province in Canada where English and French have equal status.

What the Supreme Court of Canada decided

The Supreme Court of Canada concluded that the Lieutenant Governor of New Brunswick must be able to understand, communicate, and perform their duties in both English and French.

Chief Justice of Canada Richard Wagner emphasized that equality of the two official languages cannot be ensured if the position of Lieutenant Governor — a sole and symbolically important institution — is held by a person who speaks only one language.

According to him, the status of official languages must be reflected not only in the work of the institution as a whole but also in the ability of the official to personally represent this institution in both languages.

The court also noted that assigning one language a subordinate role effectively creates a feeling of non-recognition and exclusion from state institutions among the Francophone community.

How the case arose

The dispute began in 2019 when then Prime Minister of Canada Justin Trudeau appointed Brenda Louise Murphy as Lieutenant Governor of New Brunswick, who spoke only English.

This caused dissatisfaction among the Acadians — a Francophone community descended from French colonists who settled in the territory of modern Canada as early as the 17th century.

The Francophone organization Société de l'Acadie du Nouveau-Brunswick filed a lawsuit, claiming that such an appointment violates the provisions of the Canadian Charter of Rights and Freedoms, which guarantees equal status of English and French in the legislative and governmental institutions of New Brunswick.

Why the issue was fundamental

Authorities insisted that language obligations lie with the Lieutenant Governor's office, not the individual. They argued that Francophone staff could ensure the necessary functions are performed in French.

However, the judges noted that some powers of the Lieutenant Governor are exercised personally and cannot be delegated.

Specifically, the Lieutenant Governor:

• dissolves the provincial parliament;
• grants royal assent to laws, after which they come into effect;
• represents the monarch at the provincial level;
• participates in important constitutional procedures.

During the hearings, judges questioned how the provincial premier and Lieutenant Governor could communicate if one speaks only French and the other only English.

Doubts also arose about situations where the Lieutenant Governor approves legislative acts in a language they do not understand.

Why this matters to the Francophone minority

The court separately reminded of the historical context, as Courthouse News points out.

In the 18th century, during the struggle between France and Great Britain for control over North America, many Acadians were forcibly removed from their lands. After returning to New Brunswick, they faced long-term policies of assimilation and restrictions on the use of the French language.

Today, Acadians remain a linguistic minority in the province, so the issue of equality of the French language is especially important to them.

Was the Lieutenant Governor's appointment canceled?

Despite recognizing the violation of language rights, the Supreme Court did not annul the appointment of Brenda Louise Murphy.

Instead, the court officially declared that appointing a Lieutenant Governor of New Brunswick who is unable to understand, communicate, and perform their duties in both English and French contradicts section 16(2) of the Canadian Charter of Rights and Freedoms.

Thus, the decision creates a precedent for future appointments and effectively establishes a mandatory bilingualism requirement for the representative of the Crown in Canada's only officially bilingual province.

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