New Brunswick Appeal Court rules Caraquet and Tracadie courthouse closures did not breach francophone language rights. Cases centralized in Bathurst.
Appeal Court Upholds Closures
The New Brunswick Court of Appeal has ruled that the closure of courthouses in Caraquet and Tracadie did not violate the constitutional language rights of francophone residents. The decision, released Thursday, overturns an earlier ruling that had directed the province to revisit its decision.
Facilities Moved to Bathurst
The province shuttered the Caraquet courthouse at the end of 2021 and scaled back Tracadie’s facility into a satellite operation in 2022. All cases from the Acadian Peninsula were redirected to Bathurst. The Progressive Conservative government at the time cited declining caseloads and improved efficiency through centralization.
Mayors Raised Concerns
A forum of Acadian Peninsula mayors challenged the closures, arguing they infringed upon francophone rights under Section 16.1 of the Canadian Charter of Rights and Freedoms. They claimed courthouses are central to community identity and access to justice. However, the three-judge panel disagreed.
Court’s Legal Reasoning
Justice Denise LeBlanc, writing for the panel, stated that Section 16.1 guarantees equality between linguistic communities but does not classify courthouses as “distinct institutions” under the Charter. She emphasized that residents still have full access to judicial services in French, albeit at a greater travel distance.
Historical Context
The ruling noted that 22 courthouse closures have taken place in New Brunswick since 1992, most affecting anglophone communities. Evidence presented by the province showed reduced trial wait times and fewer cancellations since centralization in Bathurst.
Reaction from Local Leaders
Caraquet Mayor Bernard Thériault, who chairs the mayors’ forum, said lawyers are reviewing the decision but his preference is dialogue with the province rather than another appeal. He indicated Premier Susan Holt’s government had already signaled openness to talks on reinstating some level of local court services.
Province’s Position
In a statement, the province said discussions with local leaders have been constructive but warned they would be paused if the ruling is appealed. Officials reaffirmed that the decision to consolidate services was based on caseload data and efficiency gains.
Broader Implications
The Court of Appeal stressed that the Charter does not guarantee unrestricted access to local court facilities and does not eliminate geographical barriers. The ruling sets an important precedent on how language rights are applied in relation to public services in New Brunswick, Canada’s only officially bilingual province.
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