BODIES UNDER REVIEW - Nature of body - Crown - Ministers and their agents - Courts and judicial officers

Law360 Canada ( November 13, 2025, 9:43 AM EST) -- Appeal by Minister of Justice and Public Safety (Minister) from Court of King’s Bench judge’s (judge’s) order setting aside reorganized court services plan. The dispute concerned the New Brunswick government’s decision (the decision) to reorganize court services in the judicial district of Bathurst, in particular by closing the Caraquet courthouse and designating the Tracadie courthouse as a satellite court. The Forum des maires de la Péninsule acadienne (the Forum) filed an application for judicial review to set aside the decision on the grounds that it infringed the language rights guaranteed under sections 16 and 16.1 of the Canadian Charter of Rights and Freedoms (the Charter). The Forum argued that the Minister failed to consider its effects on the government’s obligation to promote the cultural, economic, educational and social development of the French-speaking minority. Consequently, the judge granted the application, set aside the government’s decision, and sent the matter back for reconsideration by the government. On appeal, the Minister claimed that the judge’s decision was based on significant errors. The question for the Court to decide was whether the Minister’s decision infringed the rights guaranteed by section 16.1 of the Charter....