Charlotte County court fight could be affected by Saint-Quentin decision

Lawyers on both sides of the fight over the closing of two Charlotte County courthouses are now pondering the significance of a decision by a Judge last week in Campbellton.

On Oct.27, Justice Lucie Lavigne denied a motion by provincial lawyers to derail the Village of Saint Quentin's application for a judicial review of the government's decision to close the local Service New Brunswick office.

"We were so happy that she made that decision," said Saint Quentin Mayor Nicole Somers.

"You just can't close without having good reason."

The closure of the Service New Brunswick office was announced in the Gallant government's March 31budget.

But the Village of SaintQuentin did not file its application for judicial review until late July, almost four months later.

The dates are important because under the rules, an application for judicial review must be commenced within three months.

Somers was in the room when the oral decision was released. She said Lavigne determined the clock started ticking when the provincial governmentannounced a firm date for the office closing.

That announcement,said Somers,came June 2, meaning her village was well within the timeline.

Somers says the village will not give up its fight. She says the process the provincial governmentused to arrive at its decision was not transparent.

"We're not going for that," said Somers.

"We need to have the real reason why you did it. We didn't fit the criteria and here we go, we're closed."

The way is now clear for the Saint Quentin application to be heard Dec.15.

Other cases

In the case involving the Charlotte County courts, the provincial governmentis also trying to derail an application for judicial review.

There, too, it is basing its motion on the fact the Charlotte County Barristers' Society did not register its application for judicial review within three months of the budget announcement.

More than six months had passed when the society launched its application on Oct. 7.

Andrew Rouse, the Society's lawyer, told the court the application is acceptable because no formal date was given for the closing of the courthouses until last week, Oct.26, when Justice Henric Tonning announced it during a court session in St Stephen.

The province's motion for dismissal is on hold until Rouse, the province's lawyer William Gould, and Justice Terrence Morrison can review the written version of Lavigne's decision on the Saint Quentin case.

Charlotte County courthouse cases were heard in Saint John for the first time starting Monday this week.

Files were removed from the now closed courthouse in Grand Falls over the weekend. Staff there are reporting to a new workplace this week to Edmundston.