CHANGES TO THE LAW Unit 1: Heritage of Law

WHAT IS LAW?  Law is a legal system, a set of rules, a legal concept  Law as a legal system is comprised of a network of agencies, institutions, and procedures developed to perform a specific function (e.g. police, courts, or jail)  Law as a set of rules enacted by governing authority  These rules prescribe our rights and obligations  Eg. Young Offenders Act, Narcotic Control Act are acts which have functions and objectives.

U NDERSTANDING L AW A S A C ONCEPT  “…law is not something static and unchangeable, but a dynamic process that renews itself in response to society’s evolving needs.” (Dimensions of Law)  Law becomes an endeavour to question, define, debate, and resolve some of the larger questions we have.

Law and Justice  the concept of justice is difficult to define  does equality mean that all people will be treated the same in all cases?  does the law adequately provide for extenuating circumstances?  does the law recognize differences related to cultural and religious beliefs–should it in all cases?  how does the law decide which factors are the most important?  issue of mandatory minimum sentences  E.g. Latimer

Why do we Need Laws? (The Functions of Law) 1. to regulate the conduct of members of society  Criminal law – those who break the law are subject to being punished by the law 2. to resolve disagreements  Civil Law 3. to provide a safe and peaceful society  ensures that people’s rights are respected 4. to provide order and structure  Traffic laws  Administrative law

RULE OF LAW  Rule of Law is the belief that it is better to be ruled by laws than to be ruled by leaders who act the way they like.  This concept involves 3 important notions: 1. The government must follow the law that it makes, 2. No one is exempt from the law and it applies equally to all, 3. No action can be taken unless it is in accordance to law.  Arguably the most important concept in our legal system is the “ rule of law ”  Safeguards against arbitrary government action

K EY L EGAL C ONCEPTS The key concepts we will focus on are:  A democratic government  Independent Justice System  morality  sovereignty  rights  freedom  equality

Focus Question:  What changes in society do you think are having the greatest impact on the law today?

Changes to the Law Factors that cause changes in the Law:  Usually laws change due to broad shifts in society that occur over a period of time, such as through… a) Demographic changes, b) Technological changes, c) Changes in values, or in response to d) a National Emergency.

Changing laws due to: Demographic change - Official language legislation - Maternity leaves and public daycare Technological change - Internet rights - Powers of the media Changes in values - Penalties for drunk driving - Gay marriages National emergency - National security and personal privacy

Focus Question:  How has the internet changed the nature of law in Canada and globally?

Focus question:  To what degree are we willing to give up our rights and freedoms, for national security?  Should the government have the power to compile and share any piece of information on any citizen? (see text p. 8)

How is change influenced?  Pressure for changes to the law can come in a few different ways.  Most law reform comes from the parliament and government depts.  Pressure for change can be divided into 2 types:  Formal  Informal

Formal Pressure Formal Law Reform Bodies  Royal Commissions  Royal Commission on Electoral Reform and Party Financing, 1991  Parliamentary committees  Canadian Senate Standing Committee on National Security and Defence  Law Reform Commission of Canada  Govt Inquiries  Gomery Report – Federal Sponsorship Scandal, 2005

Informal Pressure Individual Action  Individuals  David Oakes  Dr. Henry Morgentaler  Delwin Vriend  Sue Rodriguez  Gloria Taylor Collective Action  Media  Political parties  Pressure groups  Canadian Civil Liberties Association  Lobby groups  M.A.D.D.  Institutions  Canadian Medical Association

Focus Question: What methods can individuals or groups use to influence change?

Methods used to influence change?  Demonstrations and protests  Defiance – Civil disobedience  Petitions  Media- radio, TV, letters to the editor  Lobbying - is the act of attempting to influence decisions made by officials in the government  Private members bill - a bill introduced in the House of Commons by a member of parliament who is not a cabinet minister.  follows the same legislative process as a government bill,  time allocated for its consideration is restricted.  Very few private member's bills become law.

Focus Question:  Is violence ever justified in achieving needed change? If yes, under what circumstances? If no, why is it not justifiable?