Inclusive Language

The Importance of Inclusive Language in Canadian Legal Writing and Translation

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Inclusive Language in Canadian Legal Writing

Inclusive language plays a crucial role in Canadian legal writing, ensuring that all individuals are respected and accurately represented in legal documents. This means using language that avoids bias and assumptions about gender or identity. In Canada, where both English and French are official languages, legal professionals are increasingly using inclusive language to make legal documents clearer and fairer.

Why Inclusive Language Matters in Law

In legal writing, words have a big impact. The language in contracts, policies, or laws affects everyone. If the wording excludes females for example, it can lead to misunderstandings or even unfair treatment. Inclusive language ensures that all individuals are represented equally, helping to prevent bias and fostering fairness in legal documents.

Strategies for Inclusive Language in English Legal Texts

Inclusive language is essential in modern English legal writing, and several strategies can be employed to achieve it. One effective method is to adopt gender-neutral terms or structures, which avoid assumptions about gender altogether. This includes rephrasing sentences to eliminate the need for pronouns or relying on alternatives like repeating nouns.

For instance, many of my clients increasingly prefer inclusive practices in French-to-English legal translations, particularly in documents like contracts. This shift reflects a broader trend toward making legal language accessible and representative of diverse identities.

We’ll examine this trend in detail, with a focus on the use of singular “they” and other practical strategies.

1. Using Singular “They” Instead of “He” or “She”

Traditionally, legal documents often use “he” to refer to a person. But this assumes the person is male, which isn’t always the case. Using “they” as a singular pronoun includes everyone, whether male, female, or non-binary.

For example, traditionally we would say, “If the employee does not meet his obligations, he may be subject to disciplinary action.”

It is now accepted and encouraged to use inclusive language: “If the employee does not meet their obligations, they may be subject to disciplinary action.”

In the inclusive language version, “they” and “their” make the sentence neutral and avoid assuming a gender for the employee. This small change helps ensure the text applies equally to all employees.

2. Repeating Nouns for Clarity

Another way to ensure inclusivity and clarity is to avoid using pronouns by repeating the noun. Although it can seem repetitive, this approach makes the text clearer. 

For example, instead of saying, “The recipient must maintain confidentiality of all information disclosed to him,” we could say, “The recipient must maintain confidentiality of all information disclosed to the recipient.” 

This avoids the ambiguity that using “they” and its derivatives (“their” and “them”) might cause in certain instances.

3. Neopronouns in Legal Writing

Neopronouns, such as “ze” and “hir,” are gender-neutral pronouns often used by non-binary or gender nonconforming individuals. Although still less common in legal contexts, the use of neopronouns is growing, especially in documents intended to reflect inclusivity or when addressing individuals’ specific pronoun preferences.

For example, in an Employment Agreement, you might find the following clause: “The employee must submit his report before the end of each month.” To promote inclusivity for employees who identify as non-binary or gender-neutral, a tailored agreement could use neopronouns: “The employee must submit hir report before the end of each month.”

4. Using “Who” as a Pronoun in Legal Writing

The pronoun “who” can clarify sentences involving people, as it directly refers to an individual or group while avoiding gender-specific pronouns. This approach is especially useful when identifying a party or specific individual in contracts or legal statements.

A typical example would be: “An employee is eligible for benefits if he works over 20 hours per week.”

Here’s an example using who: “An employee who works over 20 hours per week is eligible for benefits.”

Using “who” reduces ambiguity by emphasizing the person’s role and action. It also keeps the language precise, which is essential in legal writing.

5. Using “One” in Legal Writing

This is the one I used during my high school years and perhaps my early years at university. I think I may have learned it from my father, who corrected my take-home essays. It has a very formal feel to it, which is why it might be useful in legal writing. However, I must admit, I don’t encounter it much in my day-to-day work. That’s not to say it shouldn’t be used. It’s certainly helpful when referring to any individual in a general, gender-neutral way and is often used when the writer wishes to address nonspecific individuals.

In a privacy policy for example, you might find: “If the user discloses his personal information, he should be aware of potential risks.”

If you opt for the “One” pronoun, you could say: “If one discloses personal information, one should be aware of potential risks.” 

For additional details on inclusive language, see the Inclusive Writing Tips offered by the Government of Canada.

Strategies for Inclusive Language in French Legal Texts

In French, legal texts also use strategies to avoid gendered language. This can be challenging because French is a gendered language, meaning most nouns and adjectives are either masculine or feminine. However, French has some techniques, like épicène words (words that do not indicate gender) and neutral phrases to make sentences inclusive.

Using Épicène Words

One way to avoid using gendered terms in French is to choose words that don’t indicate gender. For example, instead of “un employé” (masculine) or “une employée” (feminine), we can use épicène terms that apply to everyone, like “personnel” or “membre du personnel.” 

So instead of saying, “L’employé doit soumettre une demande de congé,” we could say, “Le personnel doit soumettre une demande de congé.”

In this example, “le personnel” (the personnel) is used as an inclusive term, making the sentence apply to any employee without specifying gender. For more comprehensive information on inclusive language in French, see Tu m’en diras tant: Le blogue sur la langue, a helpful blog to inclusive language by Anik Pelletier.

Why This Matters in Canada

Canada values diversity, and using inclusive language in legal writing is a reflection of that commitment. By making legal texts inclusive, we help ensure that everyone, regardless of gender identity or background, is treated fairly under the law. This approach is becoming a standard in Canadian legal writing because it aligns with principles of equality and respect.

In both English and French, small changes in wording can make a big difference in producing clear, respectful, and fair legal documents. The widespread adoption of inclusive linguistic practices means that the law can better serve all Canadians. As inclusive language practices become more common, the law can better serve all Canadians.