Keeping the Law Up to Date
Law reform
Although much of our law was inherited from European legal traditions, as society grows and develops it cannot rely entirely on tradition. Sometimes there is an urgent need for new laws or for old laws to be changed. Even as government enacts reforms to address changing ethics and morality, society continues to evolve dynamically, making it necessary to reform laws constantly.
As Canadian society changes, we must make sure that our system of law and justice meets the challenges of our new society. Every day, we hear about social issues, medical developments, new types of technology – all of which may raise moral and legal questions. For example, we are increasingly becoming aware of the effects of modern society on our environment and of the immense threat of pollution and wasteful habits.
As people change the way they live and work, some laws may become obsolete or new situations may arise that are not dealt with by any existing law. For example, the same computer technology that enables one person to find information about another may also make it possible to “steal” information that was meant to be private. Old laws against theft did not foresee stealing computer files or indeed storing or moving information by such means. This kind of technological and social change makes it necessary to reform our laws.
More than just changing laws, we may need to change the system of law and justice itself. For instance, in our complex society it can take years to settle disputes. As our court system is stretched to the limit, other, less formal ways may help people settle their disputes. Some informal mediation methods, such as in landlord-tenant disputes, are already being used.
Changing laws
Government legal experts are constantly examining our laws, looking for ways to improve them. Law reform committees review laws and recommend changes. Lawyers bring questions of law to court to bring about change. Social action groups seek changes to laws that they consider unfair to members of Canadian society. Legislators at the federal, provincial and territorial governments respond by introducing new laws or amendments to old ones to be considered and debated in Parliament and the legislatures.
Ultimately, though, the responsibility for changing our laws is not left entirely to the lawyers, the experts or the interest groups. It is the people of Canada who elect the lawmakers; we need to decide what we want from the law and then make sure it reflects those wishes. Everyone has the right to point out flaws in the law and to work towards changing these laws – lawfully, of course.
