N.B. lieutenant-governor breaks silence on ruling that her appointment violated charter

Lt.-Gov. Brenda Murphy says she thinks it's 'critical' that the lieutenant-governor be able to relate to francophone and anglophone New Brunswickers in their own language. (Shane Fowler/CBC - image credit)
Lt.-Gov. Brenda Murphy says she thinks it's 'critical' that the lieutenant-governor be able to relate to francophone and anglophone New Brunswickers in their own language. (Shane Fowler/CBC - image credit)

New Brunswick Lt.-Gov. Brenda Murphy has broken her silence on a recent Court of Queen's Bench ruling that said her appointment to the role as a non-French speaker violated the Charter or Rights and Freedoms.

In a statement provided to media in both English and French on Monday, Murphy said she thinks it's important for the courts to "carefully examine such matters" given New Brunswick's unique status as the country's only bilingual province.

She also admitted she believes it is "critical" that the person in her role be able to "relate" to francophone and anglophone New Brunswickers in their own language and said that as a member of a minority group herself, she "understands the need to fight for one's rights."

"I am thankful for the 2SLGBTQ+ allies who supported us, and I will continue to use the platform I have been given to amplify the voices of minority and marginalized groups," said Murphy, the province's first openly gay lieutenant-governor.

"Generations of Acadian activists have fought for the recognition of their rights, and I want to play my part as an ally to francophone New Brunswickers as they preserve and promote the French language and the Acadian culture."

Murphy also implies she has no intention to vacate her seat in light of the ruling, saying it's her goal as lieutenant-governor to serve New Brunswickers from all cultures and walks of life with the deepest respect and humility.

Murphy's comments are the first she's offered publicly on the matter since Court of Queen's Bench Chief Justice Tracey DeWare ruled last month that her appointment by Prime Minister Justin Trudeau in 2019 violated language guarantees contained in the charter because she is unilingual.

The decision stopped short of calling the appointment unconstitutional and invalid, saying that declaring the position vacant would create chaos in New Brunswick.

The Acadian Society of New Brunswick launched the challenge, arguing that sections of the charter, which protect language rights apply to the lieutenant-governor's position.

Despite not being a party to the action, the case does pertain to my nomination to the position of Lieutenant-Governor of New Brunswick and impacts the perception of how I best serve in that role. - Brenda Murphy, lieutenant-governor

Last week the federal government filed an appeal of the New Brunswick ruling, claiming DeWare made several legal errors.

In her statement, Murphy said she was reluctant to speak publicly on the case because she didn't want to prejudice the federal government's decision.

"Despite not being a party to the action, the case does pertain to my nomination to the position of Lieutenant-Governor of New Brunswick and impacts the perception of how I best serve in that role."

Murphy said she's always taken great pride in New Brunswick's distinct character as the country's only officially bilingual.

She said her French language skills were "limited" when she was appointed to the role in 2019, but since then, has made it a priority to improve her ability to read and speak the language.