Minister of Justice and Public Safety v. Forum des maires de la Péninsule acadienne Inc., 2025 NBCA 99
In this decision, the New Brunswick Court of Appeal clarified the scope of constitutional language rights in the context of the administrative reorganization of judicial services. The dispute concerned the closure of the Caraquet courthouse and the centralization of certain judicial activities in Bathurst, a decision that was challenged on the grounds that it contravened sections 16 and 16.1 of the Canadian Charter of Rights and Freedoms.
The Court of Appeal concluded that the contested decision did not, in itself, infringe on the language rights guaranteeing the equal status and use of English and French in New Brunswick. It emphasized that these constitutional provisions ensure access to judicial services in the official language of one's choice, but do not impose a constitutional obligation to maintain or locate judicial institutions in specific geographic locations within predominantly French-speaking regions.
The ruling clearly distinguishes between a direct infringement of language rights and the indirect effects that may result from administrative decisions regarding the organization of public services. In the absence of evidence demonstrating a real reduction in access to justice in French or institutional inequality between linguistic communities, the Court refuses to extend the scope of section 16.1 to include a guarantee of the maintenance of local judicial infrastructure.
Finally, the Court reiterates that the obligation to advance and protect linguistic communities, although constitutional in nature, does not transform every administrative decision with a regional impact into a justiciable constitutional issue. The ruling thus reaffirms a cautious and limited approach to judicial intervention in matters of language rights, particularly when services remain available in both official languages.
