Changes to The Law Law sometimes needs to be changed or created. (Due to demographic changes, changes in values, technological changes or National emergencies)

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Presentation transcript:

Changes to The Law Law sometimes needs to be changed or created. (Due to demographic changes, changes in values, technological changes or National emergencies)

Peaceful Changes -Changes can be made in peaceful, gradual ways: Ex. -When women won the right to vote -when penalties for drunk driving were increased (MADD)

Violent Change Louis Riel & The Red River Resistance Creation of the Manitoba Act

What was the Manitoba Act? The Hudson’s Bay Company sold Rupert’s land, which is the present day area of Winnipeg, to the Canadian Government in The Métis, who had lived on that land for so long as hunters and farmers, feared they were about to have their lands taken over by English speaking settlers from Ontario..

They turned to a 25 year old Métis man, named Louis Riel who had been educated in Quebec and was fluent in English and in French to act as their leader.

Over the next few years he managed to resist the attempts of the settlers, sometimes by physical means. (The Red River resistance in 1869 and the Northwest rebellion in 1885.) In Ottawa, prime minister John A. MacDonald was confused at how the Metis had been so strong. Sir J.Mac asked Riel what it was that he wanted.

Riel basically wanted: a) the right to enter the confederation as a province; b) to have 4 members of parliament, and c) the right to use French as well as English in the new provinces schools, courts and legislatures. The prime minister agreed to all his demands and in 1870, the Manitoba Act became law, creating the province of Manitoba.

Riel was eventually hunted, arrested and hung for treason in 1885.

In 1992, the Canadian Government finally officially recognized the contributions Riel made to the Canadian Nation and recognized him as a great Canadian rather than a villain.

Change by Individual Action Change can be brought about by individual effort:  Nelson Mandela who fought all his life to dismantle the Apartheid (A government policy of discrimination and segregation against blacks in South Africa)  Louis Riel who fought for the Métis against the Canadian gov.t for the establishment of the Province of Manitoba.  Henry Morgentaler, Sue Rodriguez, Richard Sauve

Although these people are credited as individuals effecting change in the law, there are always others involved: Richard Sauvé: -John Howard Society Sue Rodriguez: -Svend Robinson, The Right to Die Society Nelson Mandela: - ANC Louis Riel: - Metis

What are the avenues for changing the law in Canada? Lobbying (Lobby Groups) ex. MADD Political demonstrations (civil disobedience) Royal Commissions (Investigations?) ex. Kriever Commission Legal Scholarship (Scholarly research) ex. Battered Women’s Syndrome Petitions (Signatures) Referendums (People vote) ex. Quebec Seperation Voting a for a new government (Elections) or by Challenging laws in court Morgentaler, Sauvé, (Rodriguez) and many others

Challenging laws in court If the judge decides the law is unconstitutional The law is no longer in force or effect. Unless the Government appeals… If they win their appeal, then you can appeal.

The case finally makes its way to the last Court, the Supreme court (“the court of last resort”) where the decision is final. If the government loses, they may try to rewrite the law to make it constitutional. This is almost like a game between the government and the Justice system. (see Sauve case and Chief Justice Quote)