1. Introduction to Law – Part I WHAT IS LAW?

2. Learning goals By the end of this lesson, students will be able to…
examine/explain the factors that lead to changes in the law
define and explain the importance of the Rule of Law
assess some of the legal and political conditions that make changing the law possible

3. Lets start with this…(use a half page)
LAW is…

4. What is Law?
Law – “the system of rules that a particular country or community recognizes as regulating the actions of its members and may enforce by the imposition of penalties” – Thanks Google!
Concept of Law - The characteristic qualities, values, virtues and ideas comprising the law. These characteristic qualities give meaning and significance to the system and laws of a society.
E.g. fairness, equality, authority, etc.
Question: What role does our legal system play in our society? What types of “systems” exist that give structure to our society?

5. Jurisprudence
The science or philosophy of law that deals with both applying legal doctrine and investigating the concepts, notions, and principles of legal thought…
This is a way of thinking about the law, and the search for coherent, fair, and principled lawmaking
Law evolves…it is not carved in stone (actually…)

6. How do you respond…?
If you see something that is unfair/unjust, how to you react?
What qualities are necessary in order to maintain law and order?

7. Situation….
Your plane crash lands on an unknown location, completely untraceable….only our class survives
there is no communication system
enough resources for 1 month – There is a forest, might have food…no one knows…
nothing else (resources) made it - destroyed
there is no clear authority (just you folks!)
Your job is to survive and create a society…What do you do? – Each group needs to record their response on a sheet of lined paper.

8. Key Concept
THE RULE OF LAW

9. Watch this video and write down your observations about the Rule of Law…

10. Rule of Law…the history
First formalized in the ‘Magna Carta’ 1215 – King John had to sign it!
The Articles of the Barons, 1215

11. The Rule of Law…defined
A legal theory that underlies our entire justice system
Three components:
General recognition of the law is necessary for an orderly society
The law applies to everyone equally
A person’s legal rights will not be taken away except in accordance with the law

12. Good Laws…
1. Laws should be fair – they should be approximately the same for ALL members of the society.
2. Laws should be publicized and understood by all the members of society. The members should be aware of the penalties involved if they break the law and should know what their rights are and what recourse they have if their rights are violated.
3. Laws should not be capable of being changed to suit the whim of the times or a specific group in the society.
4. Adequate deterrents or punishments must be provided.
5. Laws must be recorded in some permanent form. (i.e. Criminal Code)
6. Laws must be enforceable

13. Introduction to Law Part II
WHY/HOW DO LAWS CHANGE?

14. What laws have changed? Ideas? Segregation Divorce Abortion
Same-sex marriage
Medical marijuana
Assisted suicide?
Legalization of marijuana?

15. How do Laws Change? Individual Action Collective Action
Forceful personalities such as Nelson Mandela (apartheid - segregation, South Africa), Rosa Parks (segregation in Alabama), Nellie McClung (women’s suffrage, Canada), Tommy Douglas (medicare, Sask/Canada)…
May use democratic methods such as the Charter to challenge unfair laws
*Lobby Groups – attempt to influence gov’t for a cause/interest
Royal Commissions – gov’t board of inquiry investigates/ reports on an issue
Political Demonstrations – mass appeals for change/protest
Legal Scholarship – articles/books published on a topic/issue (ex. Journals) change peoples opinions/attitudes
*We will explore this further in a unit assignment

16. History Maker
Nelson Mandela

17. Watch the short video and make notes about the life and legacy of Nelson Mandela:

18. Factors that Drive Change in Law

19. National Emergencies
Refers to laws enacted, either permanently or temporarily to respond to a national emergency.
Ex. Income tax was to be a temporary measure used to fund the war effort. Canada has enacted several laws in response to a growing concern related to terrorism after 9-11.

20. Demographic Changes
Refers to changes in birth and death rates, or trends in immigration, education or employment
Ex. An increase in people working in factories led to laws governing safety and working conditions and more women in the workplace led to equal pay for equal work laws.

21. Technological Changes
Refers to the changes in society brought about by the introduction of new technologies.
Ex. Laws needed to be introduced to govern car and air traffic. New abilities to store and collect vast amounts of information have required new laws protecting private information.

22. Changes in Values
Refers to a collective shift in values by the majority
Ex. Increased awareness of the immorality of discrimination resulted in legislation to protect sectors of society that were at risk. Increased concern about the environment has led to tightened pollution controls.

23. Introduction to Law Part III
LAW MAKING IN CANADA

24. Lawmaking in Canada 3 Levels of government in Canada?
Federal (s.91 BNA Act) Statutes & regulations
Provincial (s.92 BNA Act) Statutes & regulations
Municipal (s BNA Act) By-laws & regulations
**Examples of responsibilities for each?

25. Common law system *British
The CML system is made up of 3 types of laws
Statute law
= written laws – passed by government (legislative process)
Case Law
= court decisions – judges interpretations of how Statute law applies to specific cases before the court
Customs & conventions
Unwritten laws – long standing practises that are laws

26. Civil law system *French
The CVL system is characterized by:
Codification
– all laws are organized and published in code books (ex:? )
Role of judge
- the judge simply applies the laws, is not preoccupied with the result being fair, is not to make interpretations that will change the meaning of the law (legal formalism)
- all law making is in the hands of the elected politicians who go through the legislative process to change the law

27. CML & CVL These are both influences on our Canadian legal system
They are not the same thing as Criminal and Civil law, but rather how both systems work

28. Elements of a citation – Criminal
R. v. Leduc (2010), 35 C.R.(5th) 327 (Ont. C.A.)
criminal case
R = Rex / Regina (latin King/Queen)
Leduc = accused / defendant
2010 = year the judgement was delivered
35 = volume #
C.R. = where case is reported “Criminal Reports”
327 = page #
Ont. C.A. = jurisdiction & court

29. Elements of a citation - Civil
Leduc et al. v. Boulanger (2010), 233 N.B.R. (2d) 29 (N.B.Q.B.)
Leduc et al. = plaintiff and all others in lawsuit
v. latin for “against”
Boulanger = defendant
2010 = year of the decision
233 = volume number
N.B.R. = New Brunswick Reports
29 = page #
N.B.Q.B. = jurisdiction & court = New Bruswick Court of Queen’s Bench

30. Citizens who change the law …
Dr. Henry Morgentaler – the Abortion law in Canada:
Prior to 1969, abortion was always illegal in Canada
1969 amendments made to the CCC
~ women who have been raped or who may die because of health issues during pregnancy, can be granted an abortion, if the hospital committee agrees to it … any woman seeking an abortion or physician who performs an abortion outside of this way = CRIME
~ in the 1970s Morgentaler begins opening abortion clinics illegally in Montreal and other cities in Canada
~he was arrested several times and put on trial for breaking the criminal law of Canada

31. Morgentaler cont. …
When put on trial he always chose trial by jury, juries always acquitted him based on his arguments that he was saving women’s lives by granting them legal and safe abortions, because the law made women get illegal, unsafe abortions …*televised
In his last trial, he and his lawyer raised a Charter challenge … section 287 of the CCC making Abortion illegal violated s. 7 of women and doctor’s Charter rights…
In 1987 the SCC agreed that the Abortion laws of Canada were an unjustified violation of s.7 of the Charter … they struck down s. 287 of the CCC

32. Sue Rodriguez … Rodriguez was ill with a terminal disease
She wanted the right to have her doctor end her life, when she felt she could no longer go on – this is a form of homicide in the CCC
She argued before the SCC that her s.7 right to “life, liberty and security of the person” included her right to end her life when she decided to with the help of her doctor
The SCC decided against Rodriguez, that s.7 does not include your right to end your life with the help of a physician *she did so anyways, no charges were laid