公开课实录：在北美做法律翻译是什么体验?
Hello everyone, my name is Gerrie. I’m excited to be part of this Wechat class. This is the first time I have taught in such a avant guarde online setting. I’d love to share my learning experience with you all and learn from you.
I am located in Vancouver Canada and this is very practicing as an interpreter, translator as well as an instructor of translation skills. As I was told that we only have one hour today, so I’d like to focus on legal translation alone. First I will share with you my experience working as a legal translator and interpreter in Canada. And then we will do some translation exercises focusing on legal translation, specifically on contract. At the end, we will have a Q&A section, please feel free to ask any question that relates to what we have discussed today. During the section please let me know anytime if you have any question. I’d love to interact with you instead of just me talking.
First, I’d like to talk about the working environment in Canada for translators and interpreters. As I just said, I am located in Vancouver Canada, in Canada, an umbrella organization named Canadian Translators Terminologists and Interpreters Council regulates the translation and interpretation market. It is also the national certifying body in the country. Under it, are seven provincial associations. Vancouver is the province capital of British Columbia. I belong to the Society of Translators and Interpreters of British Columbia. That is STIBC in the abbreviation. Here I am going to post something. I post a list of associations in Canada. You can read it quickly.
Association of Translators and Interpreters of Alberta (ATIA)
Society of Translators and Interpreters of British Columbia (STIBC)
Association of Translators, terminologists and Interpreters of Manitoba (ATIM)
Corporation of Translators,Terminologists and Interpreters of New Brunswick (CTINB)
Association of Translators and Interpreters of Nova Scotia (ATINS)
Association of Translators and Interpreters of Ontario (ATIO)
Association of Translators and Interpreters of Saskatchewan (ATIS)
So in Canada, there are 7 provinces having their own professional associations protecting, helping their translators and interpreters. Each association offers three types of memberships. Certified membership, Associate membership, Student membership.
To be qualified a associate membership, you have to have relevant education, four-year education and pass the entrance exam. Only the associate members are allowed to take certification exam, which are offered once a year, to become certified member, you have to pass one of the certification exams. And student members are in rolled in relevant education programs. The certification exams are quite challenging. The passing rate of all the languages combination is roughly about 10 percent each year. Some languages are lower than the others. Names of all the certified, associate and student members are listed on the society’s official website for public reference. Different from Chinese certification systems for translators and interpreters, Canadian certification exams are classified by categories instead of by levels There are a few types of certified members. Here I am going to post a list of certifications for reference.
Certified Translator (C.T.) A foreign language to English & English to a foreign language are two separate exams / certificates.
Certified Court Interpreter (C. Crt.)
Certified Conference Interpreter (C.C.I)
Certified Community Interpreter (C.Com.I)
Certified Medical Interpreter (C.M.I)
Certified Terminologist (C. Term)
So as you can see, in Canada, professional translators are classified by their areas of translation or interpretation. To be listed as the BC superior court interpreter, you have to be a certified court interpreter.
Foreign documents some made into Canadian government must be translated by certified translators. And to obtain a court interpreter certificate in Canada, you have to pass written exam first and then you are qualified to take oral exam. Anyone who has past the written exam has three chances to pass the oral exam to be certified. The entire process typically takes about 3-5 years. A great proportion of people pretty much give up after a few tries. On average, there are only 1 or 2 people getting certified for each language combination in each province every year. So once you got certified, the overall the pay or unit pay immediately increases 2 to 3 times than someone who only has an association member. Student members often volunteer time for potential employers through a series of school program.
Certified translators and interpreters are in large demanding in Canada. Some employers are Canadian Court System, law firm, healthcare system, immigration settlement and organizations, many business localization companies. Certified translators and interpreters are very well paid and well protected by the professional associations in Canada. If you are planning on immigrating to Canada and continue your career as a translator, that is will be the path you will go through. As Canada is a small economy, many translators work from home for international companies. Many agencies are located in eastern Canada, the US, India and Europe. These international employers select their translators by offering an online exam. And payment level is well. If you are interested in working for international employers, that is one option for you as well.
I have been talking quite a bit so far, are there any questions?
Q (Melody): Thanks. My question is what kind of language is the most demanding in Canada?
A: Thanks for the question. The most demand language combination in Canada is Mandarin and English. Because of the large amount of new immigrants in the last decade, Cantonese is very popular too. After that are Panjabi, Vietnamese, Korean. Arabic and Spanish are becoming a popular one too.
Q (Catherine): Is there online test to get those different certifications, I mean, if I want to immigrate, I want to get certification first before I go there.
A: There is no online exam for the CTTIC exam. You have to take it in person. Big translation agencies in Canada are Mosaic, SUCCESS, PLS. These are non-profit organizations that help immigrants to settle in Canada. They offer all the languages available in the country.
Q (Melody): Another question, if we want to take the exam, we need to take it in Canada or in China?
A: You have to take it in Canada. If you want to be certified in Canada, you have to take the exams in Canada. The certificates are very widely recognized. If you get certified in Vancouver, you can move to another province in Canada, and still practice as a certified translator.
Here I am giving a quick pop quiz, please shout out if you know the answer. Five essential ingredients must be present to create a contract, what are they?
Consensus, Consideration, Capacity, Legality, Intention
Invitation to treat 邀约邀请, Offer 邀约, Revocation of offer 撤销邀约, Option 选择权, Rejection 拒绝邀约, ounter-offer 还价, Acceptance 承诺
不错，看来大家都有关于合同的基本常识，这是作为法律翻译的一些基本知识，好，咱们进入实战练习阶段。
1.英译中第一段：
Confidential information refers to any data or information relating to the business of the Client which would reasonably be considered to be proprietary to the Client including, but not limited to, accounting records, business processes, and client records and that is not generally known in the industry of the Client and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.
学员译文：
保密信息是指与客户业务相关的并被合理视为客户专属的任何数据或信息，包括但不限于会计账目、业务流程及客户资料、客户所在行业内还未广为人知的数据或信息，以及可合理预计该保密信息的泄露可对客户造成损害的情况。
保密信息指的是与客户业务相关的任何数据和信息，可以理解为客户的专有物，包括但不仅仅局限于账户记录、业务流程以及客户资料，这些信息和数据往往在该客户行业内不广为人知，并且泄露保密信息可以被视为损害客户的利益。
参考译文：
保密信息是指理应专属于该客户的，且与客户业务相关的任何数据或信息，此信息包括但不限于财会记录、业务流程及客户记录，而且这些信息在该客户的专业领域内非广泛知晓，该保密信息的公布，造成对该客户的伤害属合理预料之中。
2. 英译中第二段：
All written and oral information and material disclosed or provided by the Client to the Contractor under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to the Contractor.
学员译文：
所有在本协议中由客户向承包人公开或提供的书面和口头信息，不管是在协议签订前还是协议签订后，并且无论承包人是用何种方式获得信息的，都需要保密。
在本协议下，客户向承包商披露或提供的一切书面及口头信息属于机密信息，无论披露或提供是在本协议日期之前或之后，也无论披露或提供所采用的方式。
老师点评：
这句看来大家都容易按英文的语序来翻，有点失去了中文自然的表达方法，中文比较喜欢把状语放前面，英文壮语习惯放后面，好几位群友都把原文的后半句顺着翻下来，应该按中文习惯放到前面来比较好。最佳方法是先仔细理解英文意思，达到准确传达重要信息，然后重新组织中文语言，不受语法句型的限制。
参考译文：
无论在签署此协议之前或之后，客户依据此协议以任何方式披露或提供给承包方的所有书面及口头信息和资料皆属保密信息。
3. 中译英第一段：
保密义务在本协议有效期内适用，并将在本协议终止后无限期适用。
学员译文：
Confidential obligation is not only adaptable within the due time of this agreement, but also indefinitely available after the date of this agreement.
Confidentiality obligations shall be applicable during the term hereof and for an indefinite period upon the Agreement is terminated.
老师点评：
Confidential obligation is not only adaptable within the due time of this agreement, but also indefinitely available after the date of this agreement. 这句的the due time of this agreement 可以翻成 the term of the agreement。
Both parties, under this agreement, should not disclose any confidential information regardless of the end of this agreement. 这句得考虑一下，客户自己不受这条的限制，是contractor才受限制。
参考译文：
The obligations of confidentiality will apply during the term of this Agreement and will survive indefinitely upon termination of this Agreement.
4. 中译英第二段：
除非客户允许或法律要求，承包方同意不会因任何目的披露、泄露、透露、报告或使用任何已获得的客户的保密信息。
学员译文：
Contractor agrees not to reveal, leak, disclose, report or use any of the acquired confidential information from the client unless approved by the client or required by law.
Unless permitted by clients or required by laws, the Contractor agrees not to disclose, reveal, leak, report or use the confidentiality information acquired from the clients for any purpose.
老师点评：
The Contractor shall not disclose, divulge, report or use any confidential information obtained from the client for any purpose unless required by applicable laws or after the consent of the client. 这几个动词都用的很准确
Unless on the client's demand or on legal request, the contractor shall agree not to release, unveil, inform, report or use any acquired confidential information about the client for any purpose. 这句还可以，动词差点意思,
参考译文：
The Contractor agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Contractor has obtained, except as authorized by the Client or as required by law.
5. 中译英第三段：
该股权发行人未在任何证券交易所上市，也不对任何司法管辖区有申报义务，并且不能保证将来会实现上市，或在任何司法管辖区成为有申报义务的股权发行人。
学员译文：
Above-mentioned equity issuer has not been listed in any of the stock exchange, nor obliged to report to any jurisdiction, also can not guarantee any future company listing, nor become an issuer in any jurisdiction with reporting obligation.
The share isssuer has not been listed on any securities exchange and is not subject to any filing obligation in any juristiction, while it cannot guarantee the listing in future or to be subjected under any filing obligation in any jurisdiction.
参考译文：
The Issuer is neither listed on any stock exchange nor is it a reporting issuer in any jurisdiction and there is no guarantee that it will ever achieve a listing or become a reporting issuer in any jurisdiction.
谢谢大家这么积极的参与，今天的交流到这里就要结束了，因为时间已经过了17分钟。我也想分享一下，今天和大家交流的想法。
我觉得大家明显是英译中比较强啊，这也是可以理解的，因为绝大多是群友的母语都是中文，所以英译中会比较得心应手。中译英这个部分，大家反应就没有英译中那么快，也不是那么地道、通顺，像是外国人写文章。我建议大家在学习翻译合同的过程中，多看一些合同。合同的用语其实是非常固定的，也是很有规律的。在你看了一定数量的合同语句后，就可以发现，合同的英文的句式虽然长，但是会有一定的规律。一般在英文的合同语句中，最重要的主谓宾都会在头半句出现，而那些比较长的用来限制时间地点的状语，会比较容易在后半句出现。
那么我个人的学习经验呢。我是在加拿大受的高等教育，所以可能遇到的问题会和群友们是相反的。我在加拿大为了做法律翻译专门学了法律，用英文学的法律的课程。所以虽然对具体概念很清楚，但是如果要翻译成中文的话，就需要把法律术语一一查过，看它对应的中文词汇。大家母语是中文，平时看的大多是中文的合同然后翻译成英文，很显然英文合同看的会不够。我建议大家多看一些原文合同。在英语国家，一般不论是给谁，合同大多是一模一样的。所以也就那几种套路，可以把它看熟，甚至是背几段，那合同的用语也就熟悉了。或者用本子把它记下来，对合同的常用语做一个总结。我想这些都会对中译英的合同翻译有非常大的帮助。
合同翻译并不可怕，大家可以多看一些合同找找句型规律，把它的神秘感去除掉。我认为英文的合同语句不太容易出现歧义，因为它的分层和句法都比较固定，没有太多发挥空间，律师拿出来的合同都是千篇一律。反而是中文的句法会分成短句，容易产生歧义，发挥的余地比较大，所以每个人翻出来都不太一样。
很遗憾咱们的课程时间太短，不可能一一评论。我也不能算是专家或是资深，只能说是和大家位置不同，因为我是一直在加拿大受的高等教育、法律和法律翻译的教育，可以和大家形成能力和技术上的互补。所以很荣幸今天能和大家有这样一个交流切磋的机会，希望以后还能有更多的机会和大家沟通交流。
推荐大家看一本书！
特别感谢
特别感谢国际应用翻译协会、一云翻译服务、翻译学堂等社群和平台的大力支持，感谢Gerrie老师、Aex老师、Cindy老师、何老师、姚老师、周老师、Spensor老师和Shelly老师，以及热情满满的引荐侠、宣传侠、听写侠、内容编辑侠还有转播侠！还有一件事，需要暑假去温哥华接受Gerrie老师亲自指导的可以点阅读原文！
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