The New Brunswick Court of Appeal has ruled that police officers must follow the province's Official Languages Act when they arrest people.

The three-judge panel unanimously upheld a decision by a Court of Queen's Bench judge confirming the acquittal of Serge Alain Losier on two drunk driving charges because the arresting officer did not speak French.

Losier was arrested Sept. 4, 2008, by a Fredericton police officer after being stopped at a checkpoint. The arresting officer did not speak French, and Losier's English skills were poor.

Losier was acquitted of the charges at trial by a New Brunswick provincial court judge, who found that his rights had been violated under the Official Languages Act and the Canadian Charter of Rights and Freedoms.

The acquittal was appealed twice by the Crown.

In its written reasons released Friday, the Court of Appeal upheld the lower courts' rulings that the officer should have offered service in French to Losier at the time of his arrest.

Empowers judges

Michel Doucet, a constitutional lawyer at the University of Moncton, said the case is important because not all judges in the province feel they have the power to throw out evidence in these types of situations.

"We had decisions from lower courts at one point that stated if there was a violation of the Official Languages Act, that the provincial court did not have the power to order or give a recourse to the person that was alleging a violation of his rights," Doucet said.

"This decision certainly states very clearly that the provincial court can give a redress to a citizen who feels that his rights have been violated."

Doucet said the province's highest court wants judges and police forces to be proactive in applying language laws.

"Police departments all over New Brunswick should certainly have received that message, and I don't think that there'll be many more decisions being brought before the courts on this issue," he said. "If they are, well, somebody is not listening."

The RCMP and other police forces in the province have already stated they offer services in French and English.

The province has not yet decided whether to appeal the case to the Supreme Court of Canada.