KEY INFLUENCES ON LAW REFORM

1. KEY INFLUENCES ON LAW REFORM

2. Society and the Law

3. Society and the Law • Since the conservatism of the 1950s social values have become less restrictive (i.e. legal rights for same-sex couples). • One driving force for social and legal change has been the movement for women’s rights. • In 1982, in response to pressure from women’s groups and nationwide protests, section 28 of the Charter was changed to guarantee equality to both sexes.

4. Society and the Law continued • Family law also reflects the social changes that have occurred in recent decades (especially in the division of property). • The Murdoch decision was the catalyst of this change. • Outraged Canadians lobbied the government to change the laws dealing with property division.

5. Society and the Law continued • Changing social attitudes have also affected Canada’s laws. • Dr. Henry Morgentaler challenged Canada’s abortion laws. • As a result, the Criminal Code’s abortion law was struck down (based on Charter arguments).

7. Society and the Law – Accommodating Diversity • Laws must reflect Canada’s diverse multicultural realities and changing collective values. • Newcomers to Canada bring their own cultures, customs, faiths, and values. • Law-makers must respect Canada’s legal traditions while also recognizing the needs and rights of new Canadians.

8. Technology and the Law

9. Technology and the Law • Each breakthrough in technology brings changes and the need for new law. • Computers and technological advances raise difficult ethical questions and pose unknown risks. • What limits should laws impose? • i.e. should it be legal to clone human beings?

10. Technology and the Law continued • Cyberspace represents a whole new area for law; a faceless new world that is virtually borderless. • i.e. - “Mafiaboy” was sentenced to 8 months in a youth detention facility after causing a loss of $1B in revenues.

11. The Courts and the Law

12. The Courts and the Law • Canada’s courts received a greater role in law reform when the CanadianCharter of Rights and Freedoms became law in 1982. • Prior to 1982, courts could declare a law invalid if it went beyond the scope of a legislature’s authority. • After 1982, courts could strike down any law that infringed on the rights listed in the Charter.

13. The Courts and the Law continued • The Charter also gave courts the role of prescribing remedies when rights are violated. • i.e. – in R.v. Askov, the SCC ruled that the accused’s rights to a fair trial had been violated by unreasonable delays. As a result, tens of thousands of other cases were tossed out of court because the Crown had taken too long to bring them to trial.

14. Government and the Law

15. Government and the Law • Elected legislature has the constitutional authority to make law, and is the chief instrument of law reform. • The Law Commission of Canada’s mandate is to review Canadian laws and determine whether they meet Canada’s needs.

16. Government and the Law – The Law Commission of Canada • Is charged with the responsibility to • Initiate and supervise independent research; • Examine proposed legislation dispassionately; • Point out possible problems that might arise with a new law or laws; • Engage Canadians in the process of reforming laws so that they are relevant, just, and equally accessible to all.

17. Government and the Law - Criminal Law Reform • In past years, the Canadian government announced that there would explore an overhaul of the Criminal Code. • The Criminal Code alone has more than 700 sections making reform a formidable challenge • It will likely take years to balance competing views on criminal law reform.

18. Government and the Law – Laws in Response to Crisis • In times of crisis, especially those of public emergencies and threats, governments have created new legislation to protect the peace and security of Canadians. • Anti-Terrorism Act (following the World Trade Center bombings on 9/11)