Influences on Law

Influences on LawLegal Political Other

● Rule of Law● Jurisdiction● Equality vs

Equity● Judicial

Independence

● Democracy● Sovereignty● Parliamentary

Supremacy● Republic● Federation

● Religion● Changing values ● Multiculturalism● Changing

technology● History

Influences on LawLegal

● Rule of Law === prevention of misuse of law○ They impose limits on the behaviour of individuals in order to promote the

greater good and to make our communities safe places to live. ○ We are said to be ruled by law, not by those who enforce the law or wield

government power. ○ No one is above the law. ○ 15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal

benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability. — Canadian Charter of Rights and Freedoms

● Jurisdiction○ Authority to make decisions or investigations in particular cases

■ Ottawa is a complicated example in which you have multiple agencies operating…(OPS, OPP, RCMP, CBSA, etc.)

Jurisprudence In Latin: ‘juris’ = law ‘prudence’ = knowledge

Jurisprudence is the study and the theory of law.

Jurisprudence looks at social, political and economic forces underlying the law. It’s the science of law, or “why” laws are a certain way in a nation. We will examine this in more detail with Natural and Positive Law.

(capitalist, democratic, autocratic, social class - think of how these things affect laws)

Judicial IndependenceJudicial Independence is the concept that the judiciary needs to remain separate from other branches of the government.

Emperor Nero of Rome and King John of England could have been known as “Judge, Jury, and Executioner”. How does this multifaceted title apply to each of these men, and relate to Judicial Independence?

Equality vs EquityLooking at this image, explain the difference between Equality and Equity.

Equality and EquityEquality: generally means sameness. Everyone is treated the same under the law.

Equity: generally refers to fairness.

Equality is equal treatment, equity is equal outcomes.

Issue: mandatory minimum sentences. - They provide equality and predictability, but do they provide fairness and

justice? ie Do we want to treat two offenders the same way?

Influences on LawPolitical

● Republic○ The power of government is held by the people.○ The people give power to leaders they elect to represent them and serve their

interests.○ The representatives are responsible for helping all the people in the country, not just

a few people.○ Rights of the minority are protected from “mob rule”. (that’s why the United States is

moreso considered a Republic, not a democracy).● Federation

○ is a union of partially self-governing states that fall under the jurisdiction of a central government (provinces and territories within Canada).

DemocracyA system of government in which citizens are involved in making decisions about its affairs, typically by

voting to elect representatives to a parliament.

● government by the people

● rule of the majority

Democracies share four key elements:

1. The government is chosen through free and fair elections.

2. The active participation of the people, as citizens, in politics and civic life.

3. Protection of the human rights of all citizens.

4. They follow the ‘rule of law’, in which the laws and procedures apply equally to all citizens.

Democracy has been referred to as “the tyranny of the majority”.

What do you think this means? Do you agree?

Parliamentary SupremacyIs the concept that the Parliament is supreme over all government institutions, including the courts. Parliament has the right to enact or unmake any law.

However, there are measures in place to ensure Parliament does not violate individual rights.

What kinds of political shifts have occurred in Canada in the past few years?

Source: Parliament of Canada

Sovereignty Sovereignty usually refers to a nation-state (an independent country). Within the boundaries of that country, a government or some form of authority rules without interference from outside nations.

Our thoughts about sovereignty changed after WWII. Why?

How does international law limit the concept of sovereignty?

Other Influences on LawVarious non-legal influences have affected and/or continue to affect laws, legal thinking, and judgements in both Canadian and International law.

● Religion● Changing values ● Multiculturalism● Changing technology● History

How have these promoted and/or prevented change in the law?

Influence of ReligionOne of the largest influences on Canadian law has been religion - specifically Christianity. Examples of the influence of religion are/were:

- A law against suicide, until 1972. Suicide is against God’s law and should therefore be a

part of man made law. However, there is now a general moral consensus that it should

not be a crime.

- Same Sex Marriages being banned until July 2005.

- Changes in abortion laws (R v. Morgentaler)

- Current issue: assisted suicide:

http://www.cbc.ca/news/politics/assisted-dying-bill-senate-approval-1.3640195

Changing Values and Attitudes (1)

As the values of a society change, so do the laws. As Canadians we have become more tolerant of some behaviours and less tolerant of others.

Examples?

Changing Values and Attitudes (2)

Changing values and attitudes have lead to changes in laws relating to: ● women’s rights

● environmental protection

● the rights of indigenous peoples

● the rights of the dying

● gender identity rights

● reproductive rights

● recognition of fundamental freedoms

MulticulturalismIn 1971 Canada became the first country in the world to adopt multiculturalism as an official policy. In doing so, Canada affirmed its belief that all citizens are equal- regardless of race, ethnic origin, language or religion.

The Charter of Rights and Freedoms, passed in 1982, contains sections protecting the ideals of multiculturalism and of equality. The Canadian Human Rights Code also recognizes the value of multiculturalism by protecting people from discrimination by individuals and private organizations. Many cases have challenged what reasonable accommodation should be in regards to meeting these needs and rights:

- The Multani case (involved the right to wear a kirpan in school)- The Lord’s Day Act- RCMP Military uniform amendments, turbans in the RCMP

Changing TechnologyEvery technological breakthrough we have brings the need to reform laws.

- New laws (ie identity theft)- Amending existing laws- (copyright laws)- Privacy laws- Laws about end of life care and assisted suicide (due to advances in medical care)- Advances in genetic cloning stem cell research have lead to questions about ethics and the law- Cyberbullying laws http://www.ctvnews.ca/politics/anti-cyberbullying-law-bill-c-13-now-in-effect-1.2270460

Historical Influences - Mini PresentationGroup 1 - Greek Influences

Group 2 - Roman Influences

Group 3 - Aboriginal Influences

Group 4 - British Influences

Group 5 - French Influences

● Can be Google Slides, Doc, etc. ● A copy will be uploaded to www.ruestocsb.weebly.com for your peers to view;

ensure you use reliable sources

Apply your Understanding (some of these could be test questions)

1. Research an example of when the principle of ‘majority rules’ was harmful to a minority group. Provide a brief explanation of the circumstances and impact on the minority group. Explain if or how/why the law changed.

2. Investigate a United Nations agreement that Canada is a part of. Explain the agreement and how it limits Canada’s sovereignty. Provide specific details.

3. Is there a difference between a “nation” and a “country”? If so, what are the differences and what implications could this have on international law?

1. Majority vs Minority RightsResearch an example of when the principle of ‘majority rules’ was harmful to a minority group. Provide a brief explanation of the circumstances and impact on the minority group. Explain if or how/why the law changed.

● Religious based legislation in Canada● treatment of Aboriginals in Canada; ● same sex marriages in Canada

2. International LawInvestigate a United Nations agreement that Canada is a part of. Explain the agreement and how it limits Canada’s sovereignty. Provide specific details.

Unlike with domestic law, there is no real system of enforcement. Countries can, and do opt out of agreements.

Kyoto Agreement- Canada pulled out in 2011.

http://www.cbc.ca/news/politics/canada-pulls-out-of-kyoto-protocol-1.999072

3. Is there a difference between a “nation” and a “country”? If so, what are the differences and what implications could this have on domestic and international law?

A “nation” is a group of people who share a common culture, but do not have sovereignty.

A “country” is a self-governing political entity.

See United Nations Declarations on the Rights of Indigenous Peoples

http://www.un.org/esa/socdev/unpfii/documents/DRIPS_en.pdf