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.

UNDERSTANDING LAW AS A CONCEPT

“…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

KEY LEGAL CONCEPTSThe 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 tod) 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 PressureFormal 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?