Chapter 1 Changes to the Law

Factors Driving Change in Law 1. Demographic Changes Rural vs. urban inhabitants  Labour laws emerge to improve working environments of factories More women in the workforce  Pay equity laws emerge People living longer  ? 2. Technological Changes Advent of radio & television broadcasting  CBC Internet  regulation of digital providers, privacy of information laws 3. Changes in Values Society tending to become more liberal in some ways (e.g. greater rights and freedoms) but more conservative in others (e.g. drunk driving laws, anti-smoking laws, etc.). These reflect cultural shift in values. 4. National Emergencies During war time or terrorist attack  War Measures Act (WW1, WW2 and October Crisis), Anti-terrorism Act (9-11)

Conditions that Must Exist for Laws to Change (in a good way) The Rule of Law Magna Carta, 1215 Nobody is above the law; Law applies equally to everyone A Democratic Government Give people power to change government by voting in free and regular elections Often comes with a constitution, written or unwritten (UK) which provide clear understanding of citizen’s rights and freedoms People have right to petition the courts for help Lobby groups are allowed  applies pressure for legal change An Independent Justice System Courts not linked to other branches of government Appeal system (lower courts to supreme courts)

Change as a Result of Individual Action Courageous Individuals have struggled to change unjust laws to pass new laws they thought necessary in a just society. http://www.youtube.com/watch?v=_QzjqOl2N9c

Challenging Laws in Court In 1982, The Canadian Charter of Rights and Freedoms (CCRF) was entrenched in the Constitution. Existing laws are often reformed by proving they fail to meet the conditions of the CCRF Dr. Henry Morgentaler  right to a woman’s liberty and security of the person (s.7 of CCRF) was violated by the ban against abortion Sue Rodriguez  right to life, liberty and security of the person violated by NOT being allowed to die (she had ALS)  Euthanasia is still illegal Richard Sauve – challenged s.3 (right to vote) of the CCRF for inmates of prisons and won. S.51 of the Canadian Elections Act was struck down.

Change as a Result of Collective Action To move gov’t to the point at which it is willing to change its own laws, it is necessary to develop a widespread consensus for that change – much easier accomplished when a group works together. Most effective methods to achieve change as a group: Lobby Groups: a group trying to influence legislators on behalf of a particular cause or interest. Coalition for Gun Control (1989  after Montreal Massacre) led to Firarms Act in 1995 was passed Royal Commissions: a government appointed group to investigate an issue of public concern and publish a report. Royal Commission on the Status of Women (1967) Commison of Inquiry on the Blood System in Canada (1993) Legal Scholarship: scholarly reports, usually in law journals, on various issues  Canadian Journal of Women and the Law Political Demonstrations: A political action intended to influence government to change and unjust law.