The Holt administration seeks to reverse a December court decision declaring that the previous Higgs government infringed on minority language rights by disbanding the Vitalité health board and appointing a trustee. Officials from the attorney general’s office submitted the appeal notice to the Court of Appeal in Fredericton on Thursday afternoon.
This move follows just two days after the government revealed 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 on the Health System Overhaul
In July 2022, following the tragic death of a patient in the emergency waiting room at Dr. Everett Chalmers Regional Hospital, then-Premier Blaine Higgs dismantled both health boards and appointed trustees in their place. He also replaced the health minister and dismissed Dr. John Dornan, who served as president and CEO of Horizon at the time.
The Legal Challenge and Court Decision
The francophone advocacy organization Égalité Santé en Français contested the dissolution of the Vitalité board, claiming it breached Section 16.1 of the Charter of Rights and Freedoms. This provision ensures equality between Canada’s English and French linguistic communities, including access to necessary distinct institutions for their preservation and promotion.
On December 30, Justice Christa Bourque of the Court of King’s Bench determined 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 ruling. “The dissolution of the board took away the control that the community exercised through its elected members.”
Government’s Grounds for Appeal
The appeal document contends that the judge committed legal errors, deviated from proper procedures, and improperly invoked unwritten constitutional principles. It further argues that she expanded the interpretation of a Charter provision beyond a recent Court of Appeal ruling on Acadian Peninsula courthouses.
Justice Minister and Attorney General Robert McKee emphasized in a statement that the decision “raises important legal questions that require further clarification.” He added, “The government is deeply committed to respecting, promoting and advancing both official languages in New Brunswick.”
McKee explained that pursuing the appeal would provide courts an opportunity to offer clearer guidance on the ruling’s interpretation and application, aiding government operations and decision-making. “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,” he noted. “The decision to appeal is about ensuring clarity for the future governance of our health-care system.”
Reactions from Advocates
Hubert Dupuis, president of Égalité Santé en Français, labeled the appeal a “stab in the back” for francophones in a French-language statement. “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. “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 upheld the closure of two courthouses on the Acadian Peninsula, ruling it did not violate constitutional language rights and requiring no government reconsideration. Meanwhile, the Supreme Court of Canada is reviewing arguments from November on whether the 2019 appointment of unilingual Lieutenant-Governor Brenda Murphy was unconstitutional.
