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Chapter 1

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

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Chapter 1

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  1. Chapter 1 Changes to the Law

  2. 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)

  3. 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)

  4. 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

  5. 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.

  6. 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.

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