OTTAWA — The COVID-19 emergency and a recent court ruling in New Brunswick show why the prime minister should have a succession plan for lieutenant-governors, one constitutional lawyer says.
She was appointed in September 2019, after her predecessor Jocelyne Roy-Vienneau died of cancer in August. When the Governor General’s office is vacant, the chief justice of the Supreme Court steps in to keep the business of government running, but there is no such provision in Canada’s Constitution for a vacancy in a provincial viceregal office.
Governments across the country declared and amended states of emergency as the pandemic took hold. A province without a lieutenant-governor “wouldn't be able to respond,” he said. Following a court challenge by New Brunswick’s Acadian Society, Chief Justice Tracey K. DeWare ruled that lieutenant-governors in that province must be bilingual, but declaring Murphy’s appointment null and void “could undermine countless lawfully enacted pieces of legislations, appointments and decrees” signed since 2019.
For her part, Murphy said in a statement this week that as a member of the LGBTQ community she understands the need to fight for one’s rights.
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