Federal Law–Civil Law Harmonization Bill, No. 4

Honourable senators, I rise today at the third reading of Bill S-6, a fourth act to harmonize federal law with the civil law of Quebec.

First, I want to thank Senator Clement for her work on this bill, and for her report on the work of the Standing Senate Committee on Legal and Constitutional Affairs. I tip my hat to her for bringing such passion to a harmonization bill. I would add that my staff, like Senator Clement, is fresh out of harmonization jokes.

As you know, our role at third reading is to debate not only the bill’s general principles, but also its final wording. You’ll therefore be relieved — or not — to learn that there will be no debate on whether this bill goes too far, violates fundamental rights, or contains flagrant omissions.

The legislation before us is the same legislation examined at second reading. The Standing Senate Committee on Legal and Constitutional Affairs tabled its report without amendments. The bill is highly technical, but its objective is entirely legitimate: to ensure the consistency of federal law in a bijural context. The study by the Legal Affairs Committee confirms this point.

The legislation that we’re studying at third reading doesn’t alter the substance of the law. Neither does it change any statutory directions. Rather, it aims to clarify the terminology used, make adjustments to certain concepts and ensure that the provisions in federal statutes achieve the same legal effect whether they’re interpreted under common law or civil law.

Simply put, the idea isn’t to reform the law, but simply to ensure that it functions properly. Although outwardly simple, this objective is crucial. Testimony before the Legal Affairs Committee clearly illustrated that these adjustments will have tangible effects. The aim is to prevent certain provisions in various laws from creating confusion or giving rise to diverging interpretations. If that were to happen, the courts would have to intervene. This is precisely the purpose of Bill S-6: to prevent such situations from occurring.

Beyond the legislation itself, it’s important to keep in mind that this bill is part of an ongoing process. The law, whether common law or civil law, evolves. Harmonization must keep pace with that evolution. Our task is to examine and adopt the bill with that in mind.

As mentioned, this is a substantial bill containing a considerable number of amendments. As was pointed out to us in committee, delaying its passage would risk making the process even more cumbersome and would require further updates to several provisions. We could face issues related to efficiency and consistency.

Beyond all that, this bill serves as a humble reminder that one of Parliament’s fundamental roles is to uphold the quality of the law in both official languages.

Our role is not always to introduce major reforms. It also involves ensuring that our laws are clear, consistent, enforceable and accessible within both legal systems in this country. Given that Canada has a bijural and bilingual system, this responsibility is all the more important.

We had the opportunity to advance a similar bill, Bill S-11, in the previous Parliament. The Senate did a great job. I urge you to do the same thing by passing Bill S-6, with the sincere hope that, this time, it will make it through all stages of the legislative process in the other place.

Of course, I urge everyone to vote in favour of the bill. Thank you.