Changes to the Law Unit 1: Legal Heritage

Changes to the law Law is not stagnant It is under constant pressure to change with the needs of society (examples) Sometimes this change is gradual while other times it is violent Examples of gradual change? Examples of violent change?

Terrorism Oct. 22, Michael Zehaf Bibeau shot Cpl. Nathan Cirillo, an honour guard at the National War Memorial, before rushing into Parliament’s Centre Block. Zehaf Bibeau was quickly shot dead. Two days earlier, Martin Couture-Rouleau fatally rammed Warrant Officer Patrice Vincent with a car in St-Jean-sur-Richelieu, Que. After a chase, police shot and killed the knife-wielding assailant. Friday Jan. 30- Anti-Terrorism Legislation

4 Factors driving changes in law 1. Demographic Changes A change relating too birth and death rates, or immigration, education, and employment changes Canada 100 years ago was very different today- proof in law? Today Canada is urban, we believe in equality for women, public safety, public health, etc. Our current laws reflect these Canadian values (or do they?) Our laws are intended to include equality for all Canadians, regardless of race, gender, class, religion, etc.

4 Factors driving changes in law 2. Technological Changes Technology has gone far beyond what Canada’s original legal system could anticipate Over time laws have had to be made to regulate radio, TV, internet, and Airlines, and the telephone

4 Factors driving changes in law 3. Changes in Values Certain behaviours that were accepted 100 years ago, are no longer tolerated Drinking and driving, corporal punishment in schools and at home, and harassment are examples of this Sunday shopping, recognition of minorities too- others? Our laws reflect the values held by Canadians Think about this: The majority of Canadians today are over 45- do they share similar values to those who are new immigrants and young people? And who do the over 45 people vote for?

4 Factors driving changes in law 4. National Emergency Laws are passed in response to a sudden change in conditions Sometimes temporary, sometimes permanent Ex. War Measures Act and the Income Tax Act Anti-Terrorism Act and the Public Safety Act came about after Sept. 11 Rehtaeh Parsons case, Anti-Terrorism The criticisms of laws made with quick change are related to the amount of power police have and the violation of civil liberties

The Possibility of Change In a Dictatorship or Theocracy, the people are powerless to change unpopular laws In Canada, the form democracy we subscribe to, allows for the populace to have a say in the decision making process However just because a country has a democracy doesn’t mean there is a possibility of change The possibility of change requires 3 key components:

The Possibility of Change 1. The Rule of Law Magna Carta 1215- law is necessary in an orderly society The law applies equally to all people- high officials and low A person’s legal rights will not be taken away except in accordance with the law Respect for this rule of law is one of the most basic aspects of Canadian Law

The Possibility of Change 2. A Democratic Government People have regular and free elections which allows them to change laws Governments come and go based on the will of the people A bill of rights is often in place so that citizens know their most fundamental rights and freedoms Citizens can work for legal change through lobby groups, signing petitions, participating in demonstrations, or voting in a referendum

The Possibility of Change 3. An Independent Justice System Judges function independently of the government Courts are usually arranged in a pyramidal fashion Local courts at the bottom, one supreme or high court at the top Appeals can be made to higher and higher courts Judges deliver their judgements free of threats Lawyers defend their clients without fear of government intervention

The Possibility of Change The decision of any court binds itself and all courts below it, unless and until the decision is overturned by a higher court. The decision of a court in a different jurisdiction does not bind courts elsewhere, BUT such a decision may be persuasive, especially if it is a higher court (e.g. a Court of Appeal)

Review How does the principle of the rule of law protects Canadian citizens What opportunities are there in a democratic state to change unpopular laws? Which of these do you think are most effective? A Cabinet minister phones a judge to discuss a case that is being heard in a judge’s courtroom. How does this action threaten our entire justice system and the rule of law? https://www.youtube.com/watch?v=7EmP_Za9aPs