1. Changing The Law
CLN4U

2. 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

3. 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

4. Individual Action
Examples from yesterday

5. 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)

6. Collective Action
Lobby Group Assignment

7. Other examples of Individual Action
Sue Rodriguez
Henry Morgentaler

8. 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

9. 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

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

11. Sue Rodriguez
Read page (Landmark Case: Rodriguez v. Attorney General of BC)

12. 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.

13. 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.

14. 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?

15. 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.