For example, we were contacted by a legislative drafter from New Brunswick. The goal of standardization is to ensure that everyone uses the same French vocabulary of common law throughout Canada. We cannot have a situation where New Brunswick uses certain terms, while Ontario and the federal government each do something else.
The question was in particular a practical one, because standardization concerns the technical vocabulary of common law. For example, this legislative drafter, who does codrafting and not translation, was not able to define the concept surrounding time limits. She gave the following examples:
“As soon as possible, as soon as practicable, as soon as reasonably practicable, as soon as practical, forthwith, immediately, without delay, within five days.”
All of these concepts have a fairly specialized and limited meaning, in English. There is a federal guide on their use, but there is no guide in French. No one has tackled this issue.
In addition to standardization, we provide guidance on phraseology. We also have a tool, the Juridictionnaire, which offers absolutely essential advice. For example, all of these concepts of time limits have a rather specific meaning in a legal text in English. For each time limit concept, there is a corresponding specific time limit. The court will interpret it in one way and not another. However, in French, uncertainty reigns, and this is a fundamental problem.
Let's take the example of the expression "fee simple absolute", which has been standardized in property law. I think it is "fief simple absolu" in French. When we purchase a property, a house, there is a contract of purchase and sale, and we know what we are buying. We know that we are obtaining the most absolute right that can be had. If this concept does not exist and then this agreement of purchase and sale has to be interpreted by a court, we no longer know what the concept of “fief simple absolu” means.
Consequently, many people do not want to use the French version, because it is not reliable. They do not know what it means. They therefore want to turn to the English version, which is completely contrary to true equality and to access to justice in both official languages.