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Decentralized Democracy

Senate Volume 153, Issue 89

44th Parl. 1st Sess.
December 7, 2022 02:00PM
  • Dec/7/22 2:00:00 p.m.

Senator Dalphond: Once more, I am learning something from you. All the famous people come from Saskatchewan, obviously. The proof is made on a daily basis here.

Paul-André Crépeau was a great jurist who left us too early in his life. He left a legacy not only in his books, but he also founded at McGill University the Centre for Private and Comparative Law, which I think is one of the leading institutions. It was once led by Justice Kasirer, who is now at the Supreme Court.

I think Mr. Crépeau’s contribution and legacy are important. If he were looking at us today, debating in the Senate about the bijural nature of Canada, I think he would be proud of us — proud of a question from somebody from Saskatchewan and proud to see that ideas coming from Saskatchewanians are the ideas being adopted in Quebec and are the ideas that govern federal legislation nowadays. I think it is quite an achievement, and he would be proud of us.

(On motion of Senator Martin, debate adjourned.)

The Senate proceeded to consideration of the ninth report of the Standing Senate Committee on Indigenous Peoples (Subject matter of Bill C-32, An Act to implement certain provisions of the fall economic statement tabled in Parliament on November 3, 2022 and certain provisions of the budget tabled in Parliament on April 7, 2022), tabled in the Senate on December 6, 2022.

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  • Dec/7/22 2:00:00 p.m.

Senator Dalphond: Bijuralism is a rather Quebec-specific concept. When I was in university, we did not have the Canadian Charter of Rights and Freedoms yet, but we had a lot of discussions about bijuralism and the need to harmonize federal laws with Quebec’s civil law. My professor, André Morel, wrote many articles on the subject.

When the federal harmonization policy was adopted in 1991 or 1993, but before bilingual drafting was introduced, a separate civil law unit was created at the Department of Justice. I believe that happened in 1991. It was a good sign. A deputy minister for civil law was appointed. I believe it was Justice Anne-Marie Trahan. When the bijuralism policy was announced in 1995, it was welcomed in Quebec. I attended many law faculty lectures, and I must confess that I own the three-volume collection published by the Department of Justice on lexicology, history and bijuralism.

Not enough people realize what Canada contributes. As a bijural federation, it is something of a rarity internationally. Our contribution, not only to common law in French and civil law in English, but to bijuralism at the same time, is entirely unique, in my opinion. In that sense, in Quebec and elsewhere in Canada, I think we can be proud. We are participating in two of the world’s great legal traditions, which is also fantastic. I hope that answers your question.

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[English]

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