Supreme Court will hear case about closed Acadian Peninsula courthouses

Supreme Court of Canada Agrees to Hear Appeal on 2022 Closure of Caraquet and Tracadie Courthouses The Supreme Court of Canada granted leave to appeal on October 10, 2024, in a case brought by mayors from New Brunswick’s Acadian Peninsula challenging the provincial government’s 2022 closure of courthouses in Caraquet and Tracadie. The applicants argue that the closures limit access to justice in French and breach obligations under the province’s Official Languages Act and section 16.1 of the Canadian Charter of Rights and Freedoms. The case consolidates proceedings initiated by the Association des maires de la Péninsule acadienne after the Department of Justice and Public Safety transferred most proceedings to the Bathurst courthouse, approximately 50 kilometres away for many residents.

Details of the Courthouse Closures

The Caraquet and Tracadie facilities stopped handling most criminal, family, and small-claims matters effective April 1, 2022. Provincial officials cited aging infrastructure and annual operating costs exceeding $1.2 million combined. Court services were consolidated at the Bathurst Judicial District, where simultaneous French-English interpretation is available but not guaranteed for every proceeding. This transfer has required residents from the affected areas to travel longer distances for court appearances, a change that forms a central element of the legal challenge now before the Supreme Court.

Arguments Presented by the Applicants

The mayors contend that the closures violate the principle of substantive equality in language rights established by the Supreme Court in R. v. Beaulac (1999). They argue that the province failed to conduct an impact analysis on minority-language communities before implementing the closures, contrary to recommendations in the record. Mayor Serge Cormier of Caraquet stated in an October 2024 press release that residents must now travel farther, arrange childcare, and take time off work, creating barriers that fall disproportionately on French-speaking citizens. Mayor Paul Robichaud of Tracadie described the change as reducing the everyday visibility of the French language in the justice system. These positions emphasize the practical effects on access to justice in French within the Acadian Peninsula region.

Context on Language Rights Obligations

The appeal centers on how provincial decisions interact with statutory and constitutional language protections. The applicants maintain that the closures limit access to justice in French while breaching duties under the Official Languages Act and section 16.1 of the Charter. The consolidation at Bathurst has introduced interpretation services that are available yet not assured in every proceeding, a factor the mayors link to diminished substantive equality. The Supreme Court’s decision to grant leave indicates that these issues warrant further examination at the highest level, building on earlier proceedings consolidated by the Association des maires de la Péninsule acadienne.

Forward Steps in the Appeal Process

With leave granted on October 10, 2024, the case will proceed to full argument before the Supreme Court. The proceedings will examine the balance between administrative decisions on court infrastructure and obligations to support minority language communities. No schedule for oral arguments has been set in the available record, and the outcome will clarify the scope of impact analysis required before similar consolidations occur in other jurisdictions.

By Alex Thompson, Staff Writer