Le Processus de Consultation et D'Evaluation Entourant les Nominations a la Cour Provinciale du Nouveau-Brunswick: Evolution Vers un Appareil Juridique Depolitise Favorisant le Developpement de la Communaute Acadienne de Cette Province

Abstract

The authors trace the effect of Acadian language rights on the process for the selection of provincial court judges in New Brunswick. The authors contend that Acadians were historically limited in their participation in the Canadian democratic process, and that now their right to political and legal participation must be ensured. Briefly, the history of Acadian political participation is traced, as is the emergence of minority language rights, both federally and in New Brunswick. In order for Acadians to be represented among the judiciary, the authors explain, equal educational opportunities were necessary for the proper formation of Acadian judicial candidates. The Supreme Court of Canada's recognition of the importance of preserving minority language rights is also noted. The authors then go on to explain the procedures, in place since 1988, for the selection of judges of the Provincial Court of New Brunswick. It is contended that this process has in consequence become less politicized. Finally, it is noted that this structure does not impede Acadians' participation in the judiciary.