1. The Possibility of Change

2. The Rule of Law A concept/principle which suggests that for law to exist and function properly: 1.There has to be general recognition that there is a need for law. 2.No one is above the law. The law applies equally to everyone. 3.Your rights will not be taken away from you except in accordance with the law.

3. See case p.11: Manitoba Language Rights and The Rule of Law Why is this case examined?

4. Manitoba's invalid laws from 1890 until 1985 were declared “temporarily valid” because of the principle of the rule of law. The Constitution and its provisions are superior to other laws/statutes.

5. Who were the Métis? French speaking descendants of fur traders + Aboriginal peoples

11. The Possibility of change is supported by: A democratic government: –Free and regular elections –An independent Justice System –The Rule of Law

12. Free and regular elections Elections should be free of coercion and threats. There should be legitimate choices (and more than one!) Voting rights should be guaranteed. Elections must be held regularly.

13. An independent Justice System Citizens must believe the justice system is impartial. Otherwise, general respect for laws may be lost and the system is weakened. Ex. A Judge cannot make a fair ruling if he fears the government may jail him! The government and the Justice system must operate somewhat independently of one another

14. Separate…

15. Democracy? The people have the power.

16. Law protects our Democracy! Law Democracy..and our democracy protects our law! Think about it… Can you elaborate/explain?

17. Democracy and Law A democracy is supposed to allow its people to advocate for legal change. They can do this via (by way of): -Lobbying (lobby Groups) -Petitions (signatures) -Referendums (people vote on issue) -voting a for a new government (elections) -Requesting a Royal Commission -Challenging laws in court (court challenge)

18. Parliament makes the laws. Laws can be challenged in court. –By individuals, organizations, or a level of government The Supreme Court can deem a law as unconstitutional. (If it violates any part of our constitution) The law may be struck down or Parliament can rewrite the law. (If they choose to do so)

19. Some Terminology: Legislation: a law or a body of laws enacted. To legislate: the act of making or enacting laws. Legislator, Legislature, Legislative assembly Question: Who are legislators? What do we normally call them? Politicians are legislators!

20. When a court makes a ruling… That ruling sets a precedent. Precedent : a decision that may apply to future analogous cases. Case law/common law : inherited from England, is a system where previous judicial decisions are followed.

21. Court Structure Our courts are set up in a pyramid fashion.

23. Court Structure Our courts are set up in a pyramid fashion. Cases start in lower courts. A decision may be appealed by any party that is unhappy (may be both parties). A higher court may agree to hear the issue and rule on it. R. v. Daviault (intoxication as a defence) R. v. Ewanchuk (implied consent)