Here's what I have to say, Mr. Choquette.
Yes, the enumeration is necessary. As I look back on 50 years of the act, let me ask you: how come we don't have it?
I would like to make another recommendation. Your committee has a reputation for telling it like it is, which is to your credit. In your report on the modernization of the act, I therefore recommend that you choose strong words, action words. If the lawmakers use soft or ambiguous words, we will have to fight endlessly on the ground for every little change we want.
Let me give you an example, which sort of deals with the issue of enumeration. We have school boards today because a judge in Ontario discovered the preposition “de” in the French version of section 23 of the Charter, which deals with minority language facilities. This “de” allows for school boards, which we would not have if the preposition had not been there. It is unthinkable to see that the evolution of a country may depend on the presence or absence of a preposition.
That's my answer to you. Don't be afraid to use strong words.
Thank you.