CHANGES TO THE LAW

Unit 1: Heritage of Law

Key Principle of law

“…law is not something static and unchangeable, but a dynamic process that renews itself in response to society’s evolving needs.” (Dimensions of Law)

Focus Question:

• What changes in society do you think are having the greatest impact on the law today?

Focus Question:

• What changes in society today will have the greatest impact on the legal system in the next five years?

Focus Question:

• Is violence ever justified in achieving needed change? If yes, under what circumstances? If no, why is it not justifiable?

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

Demographic Change

• Should we change our official language laws in different parts of the country?

• How long should paid maternity leaves be?

• Should taxpayers pay for childcare services?

Technological Change

• Should governments regulate the internet? If so, how?

• How much power should the media have in controlling information?

Focus Question:

• How has the internet changed the nature of law in Canada and globally?

National Emergency

• 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)

World Trade Attacks

What do you think would have been the most effective response to the 9-11 attacks, 2001? Explain.

Changes in Values

• Should we increase penalties for drunk driving? If yes, to what degree?

• What is the definition of marriage? What is the definition of family? Should this include homosexuals? Why or why not?

The Rule of Law

The principle of the Rule of Law was formulated in the Magna Carta (1215 AD) and has three important parts:

1) It recognizes that law is necessary in an orderly society;

2) That the law applies equally to everyone in society; and

3) That a person’s legal rights will not be taken away except in accordance with the law.

The Rule of Law

• How does the Manitoba Language Rights issue address the principle of the “Rule of Law” ?(refer to case p. 11&12 in text)

Making LawsLaws can be made or changed by two

different processes: Case Law & Statute Law

Case law – also known as Common law, is made when the law is defined through the appeals process and a legal precedent is set by a ruling of the Supreme Court of Canada (the highest court). All future cases of this kind must adhere to the ruling set by precedent.

…Making Laws

Statute Law - laws passed by the various legislatures of the country (Provincial Legislative Assembly or Federal Parliament)

Constitutional LawThe supreme set of laws, which overrides all

others, are those written in the Constitution.

The Charter of Rights and Freedoms is the part of the Constitution that most impacts how other laws affect us.

Any law that conflicts with the Charter can be ruled as “unconstitutional” and can no longer be enforced. Only the Supreme Court can make such a ruling.

Individuals can challenge a law that appears to conflict with the Charter of Rights and Freedoms

Changing Statute Law

Sometimes groups of citizens can generate public support through lobbying, protesting, or exercising civil disobedience, in order to influence governments to make a change to the law.

These methods can be effective, and are a healthy part of a democracy.

The Evolution of Law

Both Statute law and Case law must change as our society changes and evolves.

Constitutional law can only change through a formal procedure, but the interpretation of how the Charter of Rights and Freedoms applies to society may change.

Battered Women’s Syndrome

• This following case is an example of how Case Law can act to change the existing laws.

• See R v. Lavallee (p.25-26 in text)