{ "id": 1264, "date": "2024-11-25T19:01:46", "date_gmt": "2024-11-25T19:01:46", "guid": { "rendered": "https:\/\/traductionsnexus.com\/?p=1264" }, "modified": "2026-03-03T22:05:56", "modified_gmt": "2026-03-03T22:05:56", "slug": "inclusive-language-legal-translation", "status": "publish", "type": "post", "link": "https:\/\/traductionsnexus.com\/en\/inclusive-language-legal-translation\/", "title": { "rendered": "Inclusive Language in Action: A Powerful Tool for Law" }, "content": { "rendered": "

Contact Us<\/a><\/p>\n

Inclusive Language in Canadian Legal Writing<\/h1>\n

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.<\/p>\n

Why Inclusive Language Matters in Law<\/h2>\n

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.<\/span><\/p>\n

Strategies for Inclusive Language in English Legal Texts<\/h2>\n

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.<\/p>\n

For instance, many of my clients increasingly prefer inclusive practices in legal translations<\/a>, particularly in documents like contracts. As a French to English contract translator in Canada, I\u2019ve observed a growing demand for inclusive and precise language in agreements.This shift reflects a broader trend toward making legal language accessible and representative of diverse identities.<\/p>\n

We\u2019ll examine this trend in detail, with a focus on the use of singular \u201cthey\u201d and other practical strategies.<\/p>\n

1.\u00a0Using Singular \u201cThey\u201d Instead of \u201cHe\u201d or \u201cShe\u201d<\/h3>\n

Traditionally, legal documents often use \u201che\u201d to refer to a person. But this assumes the person is male, which isn\u2019t always the case. Using \u201cthey\u201d as a singular pronoun includes everyone, whether male, female, or non-binary.<\/p>\n

For example, traditionally we would say, \u201cIf the employee does not meet his obligations, he may be subject to disciplinary action.\u201d<\/p>\n

It is now accepted and encouraged to use inclusive language: \u201cIf the employee does not meet their obligations, they may be subject to disciplinary action.\u201d<\/p>\n

In the inclusive language version, \u201cthey\u201d and \u201ctheir\u201d make the sentence neutral and avoid assuming a gender for the employee. This small change helps ensure the text applies equally to all employees.<\/p>\n

2.\u00a0Repeating Nouns for Clarity<\/h3>\n

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.\u00a0<\/span><\/p>\n

For example, instead of saying, \u201cThe recipient must maintain confidentiality of all information disclosed to him,\u201d we could say, \u201cThe recipient must maintain confidentiality of all information disclosed to the recipient.\u201d\u00a0<\/span><\/p>\n

This avoids the ambiguity that using \u201cthey\u201d and its derivatives (\u201ctheir\u201d and \u201cthem\u201d) might cause in certain instances.<\/p>\n

3. Neopronouns in Legal Writing<\/h3>\n

Neopronouns, such as \u201cze\u201d and \u201chir,\u201d 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\u2019 specific pronoun preferences.<\/p>\n

For example, in an Employment Agreement, you might find the following clause: \u201cThe employee must submit his report before the end of each month.\u201d To promote inclusivity for employees who identify as non-binary or gender-neutral, a tailored agreement could use neopronouns: \u201cThe employee must submit hir report before the end of each month.\u201d<\/p>\n

4. Using \u201cWho\u201d as a Pronoun in Legal Writing<\/h3>\n

The pronoun \u201cwho\u201d 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.<\/p>\n

A typical example would be: \u201cAn employee is eligible for benefits if he works over 20 hours per week.\u201d<\/p>\n

Here\u2019s an example using who: \u201cAn employee who works over 20 hours per week is eligible for benefits.\u201d<\/p>\n

Using \u201cwho\u201d reduces ambiguity by emphasizing the person\u2019s role and action. It also keeps the language precise, which is essential in legal writing.<\/p>\n

5. Using \u201cOne\u201d in Legal Writing<\/h3>\n

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\u2019t encounter it much in my day-to-day work. That\u2019s not to say it shouldn\u2019t be used. It\u2019s 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.<\/p>\n

In a privacy policy for example, you might find: \u201cIf the user discloses his personal information, he should be aware of potential risks.\u201d<\/p>\n

If you opt for the \u201cOne\u201d pronoun, you could say:<\/b> \u201cIf one discloses personal information, one should be aware of potential risks.\u201d\u00a0<\/span><\/p>\n

For additional details on inclusive language, see the Inclusive Writing Tips<\/a> offered by the Government of Canada.<\/p>\n

Strategies for Inclusive Language in French Legal Texts<\/h2>\n

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\u00a0\u00e9pic\u00e8ne\u00a0words (words that do not indicate gender) and\u00a0neutral phrases\u00a0to make sentences inclusive.<\/p>\n

Using \u00c9pic\u00e8ne Words<\/h3>\n

One way to avoid using gendered terms in French is to choose words that don\u2019t indicate gender. For example, instead of \u201cun employ\u00e9\u201d (masculine) or \u201cune employ\u00e9e\u201d (feminine), we can use\u00a0\u00e9pic\u00e8ne\u00a0terms that apply to everyone, like \u201cpersonnel\u201d or \u201cmembre du personnel.\u201d\u00a0<\/span><\/p>\n

So instead of saying, \u201cL\u2019employ\u00e9 doit soumettre une demande de cong\u00e9,\u201d we could say, \u201cLe personnel doit soumettre une demande de cong\u00e9.\u201d<\/p>\n

In this example, \u201cle personnel\u201d (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\u2019en diras tant: Le blogue sur la langue<\/a>, a helpful blog to inclusive language by Anik Pelletier.<\/p>\n

Why This Matters in Canada<\/h2>\n

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.<\/p>\n

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.<\/p>\n

As certified legal translators, we help Canadian law firms and businesses produce accurate, inclusive, and compliant legal translations in both French and English. To learn about our services<\/a>, contact us<\/a> today.<\/p>", "protected": false }, "excerpt": { "rendered": "

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