The idea of replacing "défenseur" with "avocat spécial" does not cause any difficulties. What prompted us to use the term "défenseur" to refer to the lawyer in question is that the lawyer is playing a specific role in relation to the individual against whom the certificate has been issued. Using the terms "avocat" or "avocat spécial" caused some difficulties for the legal drafter. As well, the person obviously has to be a member of the bar, and the particular aspect of the relationship between the lawyer and the individual against whom the certificate is issued is spelled out in the bill. The expression "avocat spécial", when qualified by the express provisions defining the person's role, therefore seems to us to be acceptable.
On December 6th, 2007. See this statement in context.