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CHANGES TO THE LAW Factors Driving Change Conditions For Change

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Presentation on theme: "CHANGES TO THE LAW Factors Driving Change Conditions For Change"— Presentation transcript:

1 CHANGES TO THE LAW Factors Driving Change Conditions For Change
Individual & Collective Action

2 Some Big Questions… Why do we change the law?
How do we change the law? Does change happen smoothly?

3 Factors Driving Change
DEMOGRAPHIC CHANGES Relates to birth & death rate or trends in immigration, education, and employment 1900 – What was changing? 60s & 70s – What was changing? Need new laws??

4 Factors Driving Change
TECHNOLOGICAL CHANGES 1867 – foreseeability?? New technology…who makes the laws??

5 Factors Driving Change
VALUE CHANGES What did we use to tolerate?? What do we tolerate now that we didn’t before?? (No hints w/ the pictures this time )

6 National Emergencies What constitutes an emergency?
Sometimes meant to be temporary, but never repealed…WWI Acts War Measure Act - National Security v. Personal Privacy Group Discussion

7 National Emergencies Emergencies Travel Ban Syrian Refugees
Non-Emergencies Gun Violence Climate Change

8 Conditions for Change Rule of Law Democratic System
Independent Judicial System

9 1) Rule of Law Law is necessary in an orderly society
The law applies to everyone equally A person’s rights cannot be taken away except in accordance with the law – Roncarelli v. Duplessis (Good Example) Uo

10 2) Democratic System Ultimate power resides in the people – voting is the true power & reflects a SOCIETAL change, not arbitrary Mulroney & Chrietien…kinda a silly example

11 3) Independent Judiciary System
Judges cannot be intimidated by threat of losing their position sylvania-gerrymandering- impeachment/index.html R. v. Daviault – WOW!! (Statue Law Change) Justice system must be hierarchical – why is this important for our sense of justice? R. v. Ewanchuk – WOOOOOW!! (Case Law Change)

12 Changes as a Result of Individual Action
Nelson Mandela Fought Apartheid- government policy of racial discrimination and segregation

13 Nelson Mendela – Individual Action
Joined ANC- group dedicated to overturning the apartheid system arrested for 27 years 1990 released and became President Had the faith to change unjust laws, no matter how deeply entrenched

14 Individual Action - Notables
Dr. Henry Morgantaler Sue Rodriguez NOW CHANGED!! Richard Sauve Tommy Douglas

15 Change as a Result of Collective Action
Lobby Groups are the most effective way to change laws (good or bad?) Royal Commissions: government appointed to issue a report on public issues Legal Scholarship: publish articles or a book on a topic Political demonstrations- do they work? Civil Disobedience


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