Interventions in Committee
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View Rob Nicholson Profile
I just want to read you one paragraph for the record, and I'd like to hear the opinion of Ms. Klineberg.
The letter from Justice Major says:
Section 7.1 of Bill S-203 is an enforcement provision under the Act. Given the conflict in the English and French versions of the proposed legislation its passage without a clarification amendment would, in the event of an illegal violation and subsequent prosecution, present a dilemma to the court. An obvious example being that an application under the English version would be required to meet the conditions set out in s. 10(1.1) whereas an application adhering to the French version would not. In the result the same law would be different depending on the site of the application. Should a charge be laid under the proposed Section 7.1 the difficulty described would be left to the court then to attempt a reconciliation of the conflict in the language and if not possible to strike down the section and order an acquittal.
I think that's very clear.
Ms. Klineberg, I don't know whether you have had a chance to compare both versions here, but Justice Major is saying that we should do what we have to do to make them coincide with each other and not just take a chance and have this dilemma presented to the courts.
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