Federal judicial appointment puts heat on province for replacement

The New Brunswick government is moving swiftly to avoid any judicial backlogs in Miramichi after the federal government appointed three new judges, cutting in half the number of judges in the northern community.

Justice Minister Rob Nicholson promoted provincial court Judge Frederick Ferguson to the Court of Queen's Bench on Friday afternoon. The two newcomers include Terrence Morrison, a longtime lawyer with Cox Palmer in Fredericton, and Bruce Noble, the former city solicitor for Fredericton.

'Miramichi is one of the busiest judicial districts in the province. We are cognizant that they need a replacement as soon as possible' Justice Minister T.J. Burke

Chief Judge David Smith has the authority to direct judges to different courts and specialties. But three judges are supposed to be sent to the province's overburdened family court section.

While the new judges are designed to ease the burden on the family court division, the appointment of Ferguson is cutting the number of judges in Miramichi to one from two. But the other judge, Denis Lordon, will not be sitting beginning in January.

Justice Minister T.J. Burke said he is taking immediate steps to ensure any backlogs do not generate in Miramichi because of the appointment.

Burke hopes to name Ferguson's replacement by next Thursday when the Liberal cabinet meets.

"We are taking immediate steps as we speak to recommend an appointment to fill judge Ferguson's vacancy," Burke said.

"Miramichi is one of the busiest judicial districts in the province. We are cognizant that they need a replacement as soon as possible."

Language concerns raised over judicial picks

The issue of backlogs that could be created by these appointments may not be only geographic. One prominent New Brunswick law professor argues that the appointment of three unilingual anglophone judges could also lead to delays based on language.

Michel Doucet, a law professor at the Universit de Moncton, said the federal picks are "preoccupying" and could cause delays. Doucet said he was told that this week a Fredericton person was initially denied their right to appear in French.

Doucet said he's noticed that recent judicial appointments have not been bilingual, and that will cause strains on the system into the future in bilingual New Brunswick.

"It will create backlogs for bilingual judges, because they will be caught up in cases where one party is French or one party wants to proceed in both official languages," Doucet said.

"I strongly believe in New Brunswick thatlawyers and judges should[make] a greater effort so that they are able to proceed and understand both official languages. It is a constitutional right and not a question of privilege."

New Brunswick's justice minister would not comment on the language capabilities of the federal government's judicial picks. Burke said the federal government has to comment on its judicial selections, but he said he has been careful to achieve a proper gender and language balance on the bench.

"What I can proudly and significantly point to isthat two of three judges that I have appointed at the provincial court, which is under my complete control, have been women and all three have been bilingual," Burke said.