Law Reform for Beginners: What is it and Why is it Needed?

Have you come across the term "law reform" and wondered about its meaning? Law reform focuses on enhancing and modernizing laws to ensure they are fair, clear, and effective. It's akin to renovating our legal system to align with evolving societal needs and circumstances.

What is Law Reform?

The term ‘law reform’ refers to the process of updating or repealing old and obsolete laws, consolidating or rationalizing an area of law or even proposing new concepts in law. 

Law reform can be understood as the deliberate and systematic process of analyzing, evaluating, and modifying existing legal principles, rules, or practices. This process has the aim of improving the law's effectiveness, coherence, and relevance in addressing contemporary social, economic, and technological challenges. It involves identifying deficiencies or inefficiencies in the law, conducting research to understand their underlying causes and implications, proposing amendments or new legislation, and ultimately implementing changes through legislative, administrative, or judicial means. Law reform seeks to enhance legal certainty, fairness, and justice while adapting the legal framework to evolving societal norms, values, and expectations.

Law reform’s aim is to make sure that the law meets the needs of the society it is designed to serve. In Canada, the legal system follows the principle of precedent, which means that they are based on past decisions. Following precedent entails that decisions made in higher courts (such as appellate courts or the Supreme Court of Canada) create binding authority on lower courts within the same jurisdiction. This principle, often referred to as stare decisis (Latin for "to stand by things decided"), establishes a hierarchy of judicial decisions where lower courts must follow the reasoning and outcomes of higher courts on similar legal issues. This system is meant to promote consistency, predictability, and stability in the application of law across Canada. It ensures that similar cases are treated in the same manner and helps to build a coherent body of legal principles over time. Overall, the doctrine of precedent plays a fundamental role in shaping how laws are interpreted and applied in Canada's legal system. Canada’s dependency on precedent oftentimes results in society moving and growing faster than the law does. Since society is a constantly changing phenomenon, we cannot simply rely on tradition. This is where law reform plays an integral role in Canadian law. It ensures that the needs of Canadians are reflected in the law.

Law Reform in Action

The legalization of same-sex marriage serves as a prominent example of law reform aimed at promoting equality and addressing social change. In many jurisdictions, including Canada, the reform involved amending existing marriage laws to allow individuals of the same sex to legally marry. Before these reforms, marriage laws typically defined marriage as between a man and a woman, excluding same-sex couples from enjoying the legal and societal benefits associated with marriage. The reform was driven by the recognition that denying marriage rights to same-sex couples constituted discrimination and infringed upon their fundamental rights to equality and dignity. By reforming these laws, governments aimed to promote inclusivity, respect for diversity, and equal treatment under the law, thereby reflecting evolving societal attitudes towards LGBTQ+ rights and relationships. This legal change not only granted same-sex couples the right to marry but also symbolized a significant step towards achieving greater social acceptance and equality for LGBTQ+ individuals.

Law reform can cover a word range of issues, such as:

• Criminal Justice Reform: Updating sentencing guidelines, improving rehabilitation programs, addressing racial disparities in the justice system, etc.

• Family Law Reform: Modernizing divorce laws, child custody laws, expanding support services for families.

• Environmental Law Reform: Strengthening regulations to protect natural resources, promoting renewable energy initiatives, combating pollution.

• Human Rights Reform: Strengthening laws to protect marginalized groups from discrimination, promoting general equality, and safeguarding freedom of speech.

How it Works

Identifying Issues: Experts, lawmakers, and researchers study different areas of law to pinpoint problems or areas in need of improvement. This could be anything from outdated regulation to gaps in legal protection. Advocacy groups may also point out places of need in society that law reform must fix.

Research and Consultation: After the issues are identified, thorough research must be conducted to understand the root causes of the problem and possible solutions. Experts may also seek input from the public, affected communities, and stakeholders to gather diverse perspectives. Research is very time-costly but is crucial for addressing areas of need and finding possible solutions.

Proposing Changes: Based on the research and consultation, recommendations for legal changes are drafted. These could include amendments to existing laws, the creation of new laws, or the repeal of outdated ones.

Legislative Process: Proposed changes may go through the legislative process, where they are debated, amended, and voted on by lawmakers. This process varies depending on the province/territory. 

Implementation and Evaluation: If a new law is passed, it must them be implemented effectively. Ongoing evaluation helps to assess their impact and effectiveness, allowing for further adjustments if necessary.

Not every law reform suggestion is successful in creating a change in law. However, it may become relevant later in time. 

Why it is Necessary

Society evolves and so should our laws. 

The law historically was highly based on popular religious beliefs. The norms and beliefs of society change. What was thought of as socially acceptable in the 20th century is vastly different from today. Law reform helps maintain the public's trust and support in the legal system. The law needs to reflect the interests of society, especially in a democratic system. Law reform ensures that our legal system stays relevant and responsive to the needs of the people. It can also promote justice, equality, and protection for citizens.

New social issues, developments, and technologies are being introduced every day. Each of these raise both moral and legal questions. The fact that society changes and introduces new ideas and inventions means that we need to constantly reform our laws. It is vital that the legal and justice system meets the needs and challenges of society, especially such a diverse society like Canada. Laws may also become obsolete. When people change the way that they live and work, some pre-existing laws may no longer be needed to serve their original purpose. 

Law reform is essential for maintaining a legal system that adapts to the evolving needs of society. It addresses inequities, improves effectiveness, and ensures clarity and predictability in legal outcomes. By updating laws to reflect new social norms, technological advances, and international standards, reform enhances the fairness, efficiency, and accessibility of the legal framework. It corrects injustices, streamlines processes, and promotes a more just and equitable society. Ultimately, law reform is a crucial mechanism for ensuring that laws remain relevant, effective, and capable of meeting the challenges and expectations of contemporary life.

Organizations Focusing on Reform

There are countless independent organizations which are committed to advocating for reform and legal changes. The following is a non-exhaustive list of examples of provincial and national organizations across Canada.

• the Law Commissions of Canada - Law Commission of Canada - Canada.ca

• Access to Justice & Law Reform Institute of Nova Scotia - Access to Justice & Law Reform Institute of Nova Scotia – A2J Portal

• The Law Commission of Ontario - Law Commission of Ontario - Federation of Law Reform Agencies of Canada (folrac.com)

• Alberta Law Reform Institute - Alberta Law Reform Institute (ualberta.ca)

• Federation of Law Reform Agencies of Canada - Federation of Law Reform Agencies of Canada - FOLRAC BLOG
  

Get Involved

Stay Informed: keep yourself updated on legal issues and proposed reforms that may affect you and your community:

Advocate for Change: Do not be afraid to speak out about issues that are important to you. Write to your representative, sign petitions, or join advocacy groups pushing for law reform.

Law reform is a collaborative effort, you can aid in making a difference. 

Overall, law reform is about making our legal system strongly reflect the values and needs of society. It is important to understand legal matters as they may affect you or someone you know one day.