Changing The Law CLN4U

Changing The Law In Canada, laws are changed when: a legislature passes new legislation a court adapts an existing law However, the impetus to change laws can come from many different sources

Individual Action Sometimes individuals act to change laws they feel are unjust. Famous Five challenge to definition 1928 of "person". Mary Two-Axe Early fought to retain Indian Status after marrying a non-aboriginal. Rosa Parks in Alabama ignited civil rights movement in the US Henry Morgentaler fought to change abortion laws Elijah Harper fought to stop Meech Lake Accord

Individual Action Examples from yesterday

Collective Action Sometimes groups act to change laws they feel are unjust - this can be done through loosely organized groups or highly organized lobby groups Some Canadian lobby groups: MADD (drunk-driving) Coalition for Gun Control National Firearms Association Real Women of Canada (against issues such as same-sex marriage) CropLife Canada (promotes GM crops) EGALE Canada (Equality for Gays and Lesbians Everywhere)

Collective Action Lobby Group Assignment

Other examples of Individual Action Sue Rodriguez Henry Morgentaler

Henry Morgentaler In 1969 the Criminal Code is amended to allow for legal abortion, but only if the pregnancy threatened the health of the mother and… the procedure was approved by a hospital therapeutic abortion committee

Henry Morgentaler Morgentaler was a physician who believed women had a right to make the decision themselves and access abortion on demand He opened an abortion clinic in Montreal that year in defiance of the law

Henry Morgentaler Subject to searches, criminal charges, court battles Lots of debates/protests across Canada Morgentaler was acquitted by three different juries Significance?

Sue Rodriguez Read page 122-123 (Landmark Case: Rodriguez v. Attorney General of BC)

From the Criminal Code Counselling or aiding suicide 241. Every one who (a) counsels a person to commit suicide, or (b) aids or abets a person to commit suicide, whether suicide ensues or not, is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

From the Charter of Rights and Freedoms 24. (1) Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances. 7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice. 12. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment. 15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability. (2) Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

Rodriguez v. Attorney General of BC Assume the role of a dissenting judge What legal arguments would you make to counter the position of the concurring judges in this case?

Questions It’s been argued that as society’s attitudes become more open-minded, laws become more tolerant. Cite two changes in the law that appear to reflect this change. It can also be argued that social attitudes and laws have become less tolerant of certain behaviours or activities (such as smoking). Cite two other behaviours of which laws/society seem to have become less tolerant.