Why can’t lawyers and judges just say what they mean? Legal documents – statutes, contracts, court decisions – are infamous for being dense and full of jargon (not to mention Latin). But a growing community of legal professionals is advocating plain language as a way to make the law more accessible, build trust in the justice system, and ensure that ordinary litigants can read a decision and, you know, understand whether they won or lost.

Karen Jacques is a Vice-Chair of Ontario’s Workplace Safety and Insurance Appeals Tribunal and the Canadian representative of Clarity International. Paul Aterman is a former Chair of the Social Security Tribunal of Canada and a board member of the Center for Plain Language.

Verdicts & Voices is a legal current affairs podcast presented by the Canadian Bar Association. With her retinue of expert guests, host Alison Crawford keeps listeners up to date on news, views, and stories about the law and the justice system in Canada.

Plain language resources:

Clarity International

Center for Plain Language

Plain International

Writing for Dollars, Writing to Please by Joseph Kimble

Mr. Mouthful children's books by Joseph Kimble

Simon Fraser University's Plain Language Certificate

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In the coming days, Quebec’s National Assembly will hear testimony about a proposed new provincial constitution, known as Bill 1. Alexandre Forest, President of the Canadian Bar Association’s Quebec Branch, will attend and argue that the legislation should be withdrawn in its entirety for reasons of substance and process. Meanwhile, Professor Stéphane Beaulac of the Université de Montréal is staying away to avoid legitimizing what he fears will be belated, token consultations; instead, he’s off to the United Nations, leading an effort by the Quebec chapter of the International Commission of Jurists Canada to challenge the bill on the global stage. First, though, they both joined Verdicts & Voices to explain their concerns and their approaches.

Verdicts & Voices is a legal current affairs podcast presented by the Canadian Bar Association. With her retinue of expert guests, host Alison Crawford keeps listeners up to date on news, views, and stories about the law and the justice system in Canada.

Notes:

CBA-Québec’s written brief (in French): https://abcqc.qc.ca/Notre-impact/Memoires/PL1-sur-la-Constitution-du-Quebec-L-ABC-Quebec-reagit

Bill 1, Québec Constitution Act, 2025 - National Assembly of Québec

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The taboo once associated with Section 33 (the notwithstanding clause) of the Canadian Charter of Rights and Freedoms seems to be fading. In recent months, Alberta has used it to end a teachers’ strike and pass bills affecting transgender youth and adults. Saskatchewan invoked it in 2023 to prevent students from changing names or pronouns without parental consent. In Quebec, where the taboo was never as strong, legislation related to secularism and the French language were respectively exempted from Charter compliance in 2019 and 2022. And the federal Conservatives have called for the clause’s use to protect tough-on-crime measures such as mandatory minimum sentences.

Is this a troubling trend that suggests a need for new safeguards, as argued by the Canadian Bar Association in a 2024 letter to the federal Justice Minister? Or a legitimate rebalancing of power toward the people’s elected representatives?

Marion Sandilands is a partner at Conway Litigation in Ottawa, teaches part-time at the University of Ottawa, and served on the Canadian Bar Association’s Working Group on the Notwithstanding Clause. Geoffrey Sigalet teaches political science at the University of British Columbia’s Okanagan Campus and leads the UBC Research Group for Constitutional Law.

This episode first aired in January 2025.

Verdicts & Voices is a legal current affairs podcast presented by the Canadian Bar Association. With her retinue of expert guests, host Alison Crawford keeps listeners up to date on news, views, and stories about the law and the justice system in Canada.

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