E cover 7/12/01 7:33 AM Page 1 ANNUAL REPORT 2000 – 2001 Law Commission of Canada E cover 7/12/01 7:33 AM Page 2 Engaging CCanadiansanadians Law Commission of Canada E cover 7/12/01 7:34 AM Page 3 © Minister of Public Works and Government Services Canada 2001 ISBN Number: 0-662-65708-X Catalogue Number: JL1-1/2001 Law Commission of Canada www.lcc.gc.ca English Layout 7/11/01 3:18 PM Page i Nathalie Des Rosiers (September 2000 – March 2001) President Montréal, Quebec Roderick A. Macdonald (April – June 2000) Past president Montréal, Quebec Gwen M. Boniface Commissioner Orillia, Ontario Alan G. Buchanan Commissioner Belfast, Prince Edward Island Stephen Owen, Q.C. The mission of the Law Commission of Canada is to (April – October 2000) Commissioner engage Canadians in the renewal of the law to ensure Victoria, British Columbia that it is relevant, responsive, effective, equally accessible to all, and just. Engaging Canadians i English Layout 7/11/01 3:18 PM Page ii English Layout 7/11/01 3:19 PM Page 1 President’s Message his year marks the Law We will continue our efforts in that spirit in Commission of Canada’s fourth the years to come. T year of existence. It was a year Engaging Canadians in the renewal and reform of to reaffirm and strengthen the the law requires more than sporadic consultations. Commission’s original choices with It requires a genuine willingness to stimulate debate about the law among Canadians and to lis- respect to its orientation and method- ten carefully to their views. Canadians experience ology and to further the approach the impact of the law on their personal relation- adopted at its inception: ships, their communities and their society. They ❚ an approach that emphasizes understanding have something to say about the role of law, its the reality of how the law is lived by Canadians positive features and its less positive impacts. and the impact of law on their lives; Engaging them in the renewal of the law means that we must create opportunities to listen to their ❚ an approach that seeks to question some of the stories and opinions and reflect on such insights. fundamental assumptions about law; and Above all, engaging Canadians in the renewal of ❚ an approach that engages citizens in the process the law means working in a spirit of openness, of understanding and renewing the law. responsiveness and honest reflection on the role The commitment to engaging citizens in our of the law. That philosophy will continue to work has been central to our activities during animate the Commission’s work. 2000–2001. All citizens deserve to be heard on questions of law reform; the challenge for the Commission is to ensure that its work and its approach are accessible — physically, intellectu- Nathalie Des Rosiers ally and culturally. This annual report details President ways in which we have fulfilled this commitment. Engaging Canadians 1 English Layout 7/11/01 3:19 PM Page 2 Engaging Canadians in the Renewal of the Law he high level of scepticism in Canada with Our interactions make up the fabric of society respect to traditional institutions such as and laws are formulated to facilitate these relationships, at the personal, social, economic T the law poses special challenges to law and governance levels. reform.While Canadians respect the law, they appear Citizens are also key because they change the law to have a sense that it is disconnected from their daily every day when they adapt these rules to their lives and from the problems they see in society. day-to-day lives. This “living law” serves — or should serve — as the basis for the reform and Canadians’ sense of disaffection with the law has renewal of our formal laws. become apparent to the Law Commission of Canada in its ongoing consultations with Law reform is thus a circular process. Formal laws Canadians. The Commission finds that many based on the relationships that we engage in are Canadians feel a sense of disengagement from the modified in our daily use. This living law in turn law, as if real life is outside the narrow scope of leads to changes in the formal law, to reform and the law. Indeed, the law is more often seen as an renewal, and the cycle continues. impediment to an improved quality of life, rather than contributing to it. Role of the Law Commission of Canada CITIZENS AT THE CENTRE The Commission may be an intermediary in this That perception is in striking contrast with the process. It serves as a mechanism to engage view that citizens are, in fact, at the very centre of Canadians in their rightful place in the reform the law. Law is based on human relationships. and renewal of the law and to enrich public 2 Law Commission of Canada – Annual Report 2000-2001 English Layout 7/11/01 3:19 PM Page 3 debate by presenting a range of possibilities for For example, the Commission hosted an interac- Justicia Awards change. Its purpose is to help Canadians better tive Web discussion or webcast on close personal for Excellence understand the role that law plays in their lives adult relationships. Well-known journalist in Journalism and to encourage them to get involved in chang- Francine Pelletier moderated a panel of experts ing the law to meet their needs and values. on tax and family law and pensions. The webcast Encouraging the journalistic technology allowed the community to increase Accomplishments Internet audience to e-mail “Those who reform The Commission continues their comments for incorpo- awareness among the to expand its efforts to be the law in Canada are, ration into the webcast in Canadian public of a visible and active inter- real time. More than 500 above all, the public. mediary for Canadians. Canadians logged onto the fundamental legal issues They renew the law webcast, in addition to the In addition to publishing by recognizing outstanding hundreds of Canadians who research papers and organiz- by living it.” ing discussion groups, commented on the discus- journalism about the conferences and meetings, it LAW COMMISSION OF CANADA sion paper on the issue. Canadian justice system has also taken advantage of FIRST ANNUAL REPORT In recognition of the impor- new ways to reach out to and the roles played by tance of the media as a Canadians. channel for improved understanding of the law, institutions and participants The Commission’s Web site was redesigned this the Commission established the Justicia Awards in the legal system. year to feature more resources and links and to for Excellence in Journalism in partnership with allow for more interaction via comments the Canadian Bar Association and the federal boards, a webcast and discussion groups. Department of Justice. These awards encourage Canadians can e-mail comments on discussion the media to increase awareness among the papers and other publications, view a clip from Canadian public of fundamental legal issues by the Commission’s video on restorative justice recognizing outstanding journalism about the and order the video as well. Canadian justice system and the roles played by institutions and participants in the legal system. Engaging Canadians 3 English Layout 7/11/01 3:19 PM Page 4 The inaugural winners, presented at the August 2000 Annual Conference of the Canadian Bar Association, were the Halifax Herald for “Who’s Killing Who,” a 10-part series exploring how homicides are investigated and prosecuted, and Le Point of Société Radio Canada (the French- language CBC network) for “Les murs de la maison plutôt que les barreaux de la prison,” a study of conditional sentences in Québec that do not involve incarceration. Publishing research and discussion papers — and taking an active role in disseminating ideas to interested groups and individuals — remains one of the Commission’s most important outreach activities. Its recent study, The Governance of Speaking Truth to Power: A Treaty Forum Health Research Involving Human Subjects, examined the moral and legal complexities of This publication is a compilation of the papers and deliberations of health research involving human subjects. This a forum co-sponsored by the Law Commission of Canada and the important study revealed substantial gaps between the ideals expressed in policies — B.C. Treaty Commission. The purpose of the forum was to explore intended to protect participants and provide new paths towards the successful conclusion of treaties between First social benefits — and the actual arrangements for accountability, effectiveness and other criteria of Nations and other levels of government. The papers were good governance. published to help raise public understanding of the significance and complexities of the treaty process, as well as the differing perspectives and expectations various parties bring to the process. 4 Law Commission of Canada – Annual Report 2000-2001 English Layout 7/11/01 3:19 PM Page 5 “I often ask myself why the Reaching Out to Canadians person to whom custody of the children is granted after a divorce is penalized when he in Their Personal Lives or she forms a new couple. After I began living with a CLOSE PERSONAL ADULT Today, adult relationships and family patterns are new partner, my family RELATIONSHIPS more diverse than they were when many of our allowance, child tax credits, laws were developed. As a result, laws do not he Commission has been etc., were cut off, even always reflect contemporary needs and values or reclaimed. Even my tax rate studying how Canadian law reflect the wide range of relationships we find addresses close personal rela- meaningful today. changed, although my income T remained the same.