The Holt government seeks to overturn a December court decision that criticized the former Higgs administration for dissolving the Vitalité health board, claiming it infringed on minority language rights. Lawyers from the attorney general’s office submitted a notice of appeal to the Court of Appeal in Fredericton on Thursday afternoon. This action follows just two days after officials announced plans to restore elected positions on regional health authority boards starting in 2030.
Background on the Board Dissolution and Legal Challenge
The Vitalité and Horizon health boards previously featured eight elected members and seven appointed seats. In July 2022, amid a significant overhaul of New Brunswick’s health-care system triggered by a patient’s death in the emergency department waiting room at Dr. Everett Chalmers Regional Hospital, then-Premier Blaine Higgs disbanded both boards. He appointed a trustee for each, replaced the health minister, and dismissed Dr. John Dornan, the president and CEO of Horizon at the time.
The francophone advocacy group Égalité Santé en Français contested the dissolution of the Vitalité board in court. The group argued that the move violated Section 16.1 of the Charter of Rights and Freedoms, which ensures equality between Canada’s English and French linguistic communities, including access to distinct institutions vital for their preservation and promotion.
On December 30, Justice Christa Bourque of the Court of King’s Bench ruled that replacing 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 decision. “The dissolution of the board took away the control that the community exercised through its elected members.”
Government’s Arguments in the Appeal
The notice of appeal contends that the judge committed legal errors, failed to adhere to proper procedures, and improperly drew on unwritten constitutional principles. It further asserts that the ruling expanded the interpretation of a Charter provision beyond a recent Court of Appeal decision regarding the Acadian Peninsula courthouses.
Justice Minister and Attorney General Robert McKee emphasized the need for legal clarity in a statement. “The ruling raises important legal questions that require further clarification,” he said. McKee reaffirmed the government’s dedication to official languages, noting, “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 added that the appeal aims to provide guidance on future health-care governance.
Francophone Group’s Response
Hubert Dupuis, president of Égalité Santé en Français, condemned the appeal as a “stab in the back” for the francophone community. “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. Dupuis described the administration as “the epitome of a weather vane,” highlighting this as the third recent dispute involving francophone rights in the province.
In September, the Court of Appeal determined that closing two courthouses on the Acadian Peninsula did not breach constitutional language rights, relieving the government of any obligation to reconsider the closures. Meanwhile, Canada’s Supreme Court is reviewing arguments from November on whether the 2019 appointment of unilingual Brenda Murphy as lieutenant-governor violated the Constitution.
