changes to the law unit 1: heritage of law. what is law? law is a legal system, a set of rules, a...
TRANSCRIPT
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?