Bijural Language: Translating Legal Documents Across Canada’s Legal Systems

Understanding Bijuralism in Canada

Whenever I translate legal documents, one of my considerations in choosing appropriate terminology is the legal systems at play and more specifically the province of my audience. 

We cannot fully understand legal translation in Canada without first understanding bijuralism—the coexistence of two legal systems: civil law in Quebec, and common law in the rest of Canada. 

For context, about 10% of countries worldwide are bijural, including Canada, Scotland, South Africa, and the Philippines, while approximately 80% of countries use either civil or common law as their primary legal system. 

In Canada, bijuralism arose from its colonial history, where French and British influences shaped a legal framework that respects both traditions. 

The Role of Bijural Language in Legal Translation

For translators working in the legal field, an awareness of bijuralism is essential, as it shapes everything from terminology choices to the interpretation of legal concepts. When it comes to translating contracts, wills, judgments or other legal documents, bijural language is especially crucial because these documents must be clear across provincial boundaries. 

For example, since contracts are legally binding to the signatories, who are often located in different jurisdictions, and perhaps subject to different legal systems, the translator’s role isn’t just linguistic but interpretative, to ensure the legal weight of each clause is equivalent across jurisdictions. This bijural approach helps prevent legal disputes and misunderstandings that could arise from divergent legal interpretations.

Adapting Legal Terminology Based on Jurisdiction

Translators therefore must keep in mind not only their target audience when translating legal terminology (i.e. French-speaking or English speaking) but also the legal system (civil and common law). For example, if we have a contract that must be translated into French for an Ontario client, we would take into account the legal system in that province (common law). 

Conversely, if our translation is for an English-speaking client in Québec, we would take into account civil law terminology in English. Finally, if our target audience is located in both Quebec and Ontario or even Quebec and the United States, we would either use terminology commonly understood by both parties, or perhaps use explanatory notes to clarify meaning, as the case may be. To learn more see Bijuralism in Canada: Harmonization and Terminology.

Examples of Bijural Terminology

Saisie-Exécution

The legal concept of “saisie-exécution”, the process by which a creditor can seize a debtor’s property to satisfy a judgment, can be translated by “seizure in execution”, “execution” or “seizure and sale”, depending on our audience. While these terms may seem equivalent, the rules and procedures surrounding their application vary by province. Contracts, in such cases, clarify the governing laws to ensure it’s clear which jurisdiction’s procedures apply.

Fiducie

Other common law concepts such as “trusts” can barely do justice to their French translation (“fiducie”). The fundamental difference between fiducies in civil law and trusts in common law lies in their legal frameworks and underlying structures. In common law, trusts involve a fiduciary relationship where assets are held for beneficiaries, whereas in civil law, a fiducie is more closely tied to the administration of property under specific legal duties. Each system has its pros and cons. To bridge gaps across provinces and legal systems, additional context or explanatory notes are often necessary to help civil law audiences understand the trust’s full legal function. This ensures clarity across legal systems while maintaining accuracy in the translation.

Hypothèque

Another example is the word “hypothèque”, which in Quebec civil law refers to a “mortgage” or “security interest”, should have an accurate equivalent that resonates across both civil and common law traditions. As a reference for translators, federal statutes might opt for terms like security on property or security interest to bridge this gap, providing a unified understanding across jurisdictions. See Cross border lending in Canada: What you need to know

Conclusion: Why Bijural Language Matters

In conclusion, bijural language is essential for accurately translating legal documents across Canada’s civil and common law systems. Translators must navigate the complexities of both systems to ensure clarity and consistency in legal terms. Understanding each system’s nuances, using proper terminology, and adding explanatory notes when necessary help prevent misinterpretations and ensure documents are clear and enforceable across provinces. This attention to bijuralism fosters trust and prevents disputes in cross-jurisdictional contexts.

To explore more insights and practical tips about legal translation, visit the Traductions Nexus blog page for our latest articles.