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Decentralized Democracy

Senator Gold: Thank you for the question. I would be surprised if there weren’t examples of this in other federal statutes, but I don’t want to assert that’s the case because I haven’t done that kind of research.

The important point, Senator Omidvar, is that this is, as you correctly point out, simply a factual reference so as to provide the proper context. It has no legal force or effect. Therefore, it is not setting any kind of precedent that has legislative significance. It responds to the unique circumstances that gave rise to this bill, as well as the need to modernize the legislation.

As well, colleagues, it was also a product of a legislative process in the other place that involved not only the government, but also all of the opposition parties that participated, over many years, in the elaboration and drafting of this legislation.

I date myself by quoting Alfred E. Neuman from MAD magazine to say, “What, me worry?”

In my respectful opinion, there is nothing to be concerned about juridically, legally and legislatively here.

I understand; I come from the English-speaking community in Quebec. I have family members who are challenging me on this bill and, indeed, who are involved in public advocacy — taking a position different from the position of the government — and I feel it very well.

I understand what is triggered by the references, but, in fact, the law is clear — and as legislators, we have to be clear. The law preserves and protects English rights in Quebec to the fullest extent that the federal Parliament has jurisdiction to do so. The references are simply to provide the proper context for the linguistic regimes within which minorities have to live, whether it’s in provinces with no official recognition of constitutional bilingualism, as in New Brunswick, or in provinces like Quebec where there is an official language legislated in law through Quebec’s Charter of the French Language.

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