N.B. government appeals judge’s decision on courthouse closures

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The New Brunswick government is appealing a recent court decision quashing the closure of two courthouses on the Acadian Peninsula.

In a March 28 decision, Court of King’s Bench Justice Christa Bourque ordered the government to reconsider its decision to shutter the Caraquet and Tracadie courthouses.

The Caraquet courthouse closed at the end of 2021, while the Tracadie courthouse – which the government initially kept open as a “satellite court” – was shuttered in June 2022.

In February 2022, a group of Acadian mayors sought a judicial review of the government’s decision, arguing the closure of these courthouses infringed on language rights protected by the Charter and provincial laws.

In a statement Friday, Attorney General and Justice Minister Ted Flemming stood by his decision, calling the closures “necessary to reduce judicial delays and ensure the proper functioning of the justice system.”

However, Flemming pledged an “in-depth analysis” would be conducted to confirm the closures hadn’t resulted in “any unexpected negative effects.”

In the meantime, Flemming announced Friday his office was appealing Bourque’s decision because sections of it “could have greater repercussions on the government’s decisions in the future if they are not challenged.”

“The government remains committed to promoting the equal status and equal rights and privileges of all citizens who have the constitutional right to use the official language of their choice within any New Brunswick institution, including before the courts,” Flemming said.

Brunswick News requested comment from Caraquet Mayor Bernard Thériault and Lamèque Mayor Jules Haché, both of whom filed affidavits in support of the judicial review. Neither could be immediately reached for comment Friday.

In her decision, Bourque ruled that the closure of the Tracadie and Caraquet courthouses “had a significant impact on the preservation and the development of the minority language community.”

“A courthouse is a symbol of justice and the rule of law within a community, embodying the principles of equity, accountability and access to justice for all members of society,” she wrote in her 45-page decision.

“It represents a physical expression of legal authority and a meeting point to resolve disputes and ensure the enforcement of the rights and responsibilities of citizens.”

In her ruling, Bourque also set aside the government’s decision to transfer Judge Éric Sonier to the Bathurst courthouse from Tracadie and Judge Johanne-Marguerite Landry to the Miramichi courthouse from Caraquet.

Flemming cited a “significant decrease” in the volume of provincial court cases on the Acadian Peninsula when he announced the decision back in November 2021 to start sending those cases to the Bathurst courthouse.

By that point in time, both the Tracadie and Caraquet courthouses had been running on a part-time basis since the summer of 2020, according to a government press release.

All civil, family and criminal law matters are now heard at the Bathurst courthouse, and while both official languages are used, that courthouse is about an hour’s drive from Caraquet and an hour’s drive from Tracadie.