Thank you for your question, Mr. Fergus.
Yes, the real purpose of legislation like this is the one that Justice Abella mentioned, and which I quoted to you. It's about restoring justice to allow women to be paid what they should be paid based on the value of their work in the same way as their male colleagues in similar positions. No system will ever be perfect in its way or methodology to achieve this. We know it's difficult. In this regard, the bill is very good, because it allows us to move forward.
However, this part of clause 2 you mentioned has no place. It is a concept foreign to that of pay equity. Pay equity legislation aims to restore justice and end discrimination, which is unconstitutional. Indeed, the latter provides that laws must protect people—in this case women—against discrimination.
However, the passage you quoted has no place in a clause like this one, nor in light of the principle of such legislation. This legislation isn't for employers; it's for women workers. Of course, in all this, we must take into account employers and how their companies operate, but employers aren't the ones who need protection, it's workers. The purpose of passing this legislation is to protect them and give them what they are entitled to, as quickly as possible, in a process that is as correct and satisfactory as possible, although not perfect. Including this passage in clause 2 is at odds with these principles.
What it also means—and I'm speaking more as a lawyer here—is that when it comes to interpreting a law, lawyers consult certain sections, such as section 2, under the heading “Purpose”, to understand the purpose of the legislation. These provisions then serve as a tool for interpreting the entire act. In this case, the inclusion of this passage in clause 2 somehow pollutes what should be a human rights act. Every time this interpretive tool is used to reduce the rights of women workers, it will be contrary to the Constitution, as the Supreme Court told us in its decision last May on the case involving the Quebec legislation.