Mr. Speaker, I am pleased to speak to Bill S-4, the federal law—civil law harmonization act, No. 1. I will start by providing some of the historical and legal context of bijuralism in Canada, which is at the heart of the bill.
Canada is a bilingual and bijural country. Common law and civil law traditions have been co-existing since 1774. In practice, in the area of private law, the civil law is used in the province of Quebec and the common law, in the other provinces and territories.
The Constitutional Act of 1867, which divided legislative powers between parliament and provincial legislatures, did not change the situation.
By giving the provinces jurisdiction over property and civil rights the Constitution Act enabled provinces to pass legislation in key areas governing legal relationships between individuals. Some examples include the rules governing family, estates, property, contracts, liability and prescriptions.
When federal legislation uses or refers to principles and concepts found in provincial or territorial private law, it interacts with the two legal traditions that co-exist in the country. This interaction occurs in both the English and French versions of federal legislation. However in many cases over the years federal legislation has not succeeded in giving civil law the same resonance as common law.
The new Quebec civil code came into force in 1994. This code deeply changed the civil law of Quebec. In the fall of 1997, at the symposium on harmonization of federal legislation with the civil law of Quebec and Canadian bijuralism, in Montreal, I officially launched a lengthy process that led to Bill S-4.
Bill S-4 is the first in a series of bills intended to harmonize all federal legislation with the civil law of the province of Quebec. This is an enormous task and one that will have significant practical implications for lawyers and notaries that practise law in Quebec. It has received widespread support from all stakeholders.
The objectives of harmonization of federal legislation with the civil law of Quebec are to ensure that federal legislation is fully consistent with the new civil law concepts and institutions, that federal legislation employs correct and precise terminology, and that amendments to federal legislation take into account French common law terminology.
Let me be clear that Bill S-4 does not create substantive rights or enshrine any new individual or collective rights.
Bill S-4 is aimed at ensuring that all Canadians have access to federal laws that respect the legal tradition of the province or territory where they live: the civil law in Quebec and the common law in the rest of the country.
Thus, while federal law may apply a single principle nationally, for example, the liability of the crown in tort, it will do so in a manner respectful of the common law and civil law traditions in each province or territory. There is therefore co-existence between uniformization and harmonization of federal statutes.
Federal laws are uniform in the sense that they apply a single rule throughout Canada. They are also harmonized in that federal statutes, in relation to matters of property and civil rights, respect the particularities of the civil law or common law as it applies in a given jurisdiction.
Bill S-4 reflects the principles and concepts of both our great legal traditions. In some small way I hope we are providing further roots for the civil law system in our country, acknowledging that it stands on an equal footing with the common law system in federal legislation.
Given the innovative character of the harmonization program, the preamble puts the bill into context and explains the importance of the initiative. The preamble recognizes the bijural character of Canada in two ways. First, it recognizes that Quebec is the only province in Canada that has a civil law system and that the bill represents a concrete effort to reflect civil law principles and concepts in federal legislation where it is relevant to do so.
Second, the preamble fully acknowledges the common law as the other half of Canadian bijuralism.
Our bijural tradition gives Canada an advantage internationally. It enables us to better understand the legal systems of countries with a common law or civil law tradition, and it facilitates communication with them.
In the age of globalization of trade, our harmonization program is timely. This provides Canada with an enormous advantage in terms of what we bring to the table, of crossing the lines and bringing people together to not only work in French and English but to have a degree of confidence and assurance with both common law and civil law principles.
We are fortunate, as a country, that two of the great legal systems in the world are represented here and that more and more people can easily work or give advice in one system or the other. This is true not only here, but also in our work at the international level.
The harmonization program is a totally unique and innovative initiative that does not exist in any of the countries that share a dual legal tradition with Canada. It is tangible evidence of the government's commitment to our two great legal traditions and to achieving full equality between them.
Bill S-4 will concretely acknowledge the existence of the two great legal systems of our nation in a manner not done before in Canada or anywhere in the world. The bill will ensure that federal statutes equally take into account, in both official languages, each of the traditions that make up the legal fabric of our nation. It will also allow Canada to play a leading role in an increasingly globalized world.
I thank all who have contributed to and supported this immensely challenging project.
In conclusion, I thank my hon. colleagues for their support for this groundbreaking legislation.