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Strategic Outcome: Canadian law that reflects the needs and values of Canadians, and is responsive, effective, equally accessible to all and just.
Program Activity: Recommendations on Law Reform
Financial Resources
Planned Spending |
Authorities |
Actual Spending |
---|---|---|
$ 3,173 | $ 3,182 | $ 2,178 |
Human Resources
Planned |
Actual |
Difference |
---|---|---|
11 FTEs | 7 FTEs | 4 FTEs |
The strategic outcome of the Commission involved the provision of independent advice on reforming Canadian laws, institutions and procedures to ensure that they are aligned with the changing needs of individual Canadians and society.
Given the nature of the Commission's mission and mandate, and the research and discussion required to achieve the strategic outcome, results were defined in relation to the Commission's ability to stimulate research and discussion on matters of public interest, to advance new concepts of law, and to develop recommendations for consideration.
Ultimate outcomes such as renewal of the law require a long-term perspective and depend on the agenda of various governments and other actors and their willingness to implement the Commission's recommendations. Such ultimate outcomes were therefore not considered to be directly within the Commission's control.
To achieve its strategic outcome, the Commission conducted activities in four key target areas, which reflect issues of concern for Canadians, and get to the heart of Canadians' relationships with the law and legal system.
Much of Canadian law is based on assumptions about how people organize their private lives and how they relate to their partners, parents, children and others close to them. These assumptions may not adequately or accurately reflect the reality of current relationships. The Commission examines how laws can be designed to respond more effectively to Canadians' personal relationships.
Increasingly, Canadians want their public institutions to embrace values such as pluralism, choice and recognition of diversity. To remain legitimate in the eyes of Canadians, these institutions must evolve to respond to changes brought about by globalization, the increased diversity of the population and the desire for greater inclusiveness. The Commission examines current governance structures to ensure these meet the changing needs, values and expectations.
The changing nature of the workplace, the creation of new forms of property and wealth, new methods of doing business, globalization, and the emergence of a knowledge-based economy all have important consequences for laws that regulate economic transaction and provides Canadians with an adequate standard of living. The Commission explores how best to structure the law to enhance Canada's economic strength while protecting fundamental social values.
Harmonious and healthy social relationships are built on trust, interdependence and respect. Disagreement and conflict are inevitable products of everyday life and human interaction. The law often relies on public institutions such as the criminal justice system and the police to resolve conflict and ensure security. Increasingly, however, Canadians are relying on more informal methods of conflict resolution and on private institutions to ensure their security. The work of the Commission emphasizes the supremacy of relationships and the supporting role of the law in the type of relationships between individuals in a modern society.
The next section presents a summary of results achieved in relation to prior commitments for each key target area. This summary was prepared based on information contained in the Law Commission of Canada website.
Key Target Area: Personal Relationships |
Project: Does Age Matter? Law and Relationships Between Generations |
Project Commitment and Expected Results Since 2004, the Commission has engaged Canadians on whether healthy, respectful relationships between generations could be better supported by eliminating age distinctions in law and policy that are inappropriate, over or under inclusive or stereotypical. Research was carried out in a number of areas to explore the impact of using age distinctions. Canadians have raised a myriad of ways in which these laws and policies touch their lives and the Commission will continue to explore these with a view to making concrete recommendations. Recognizing that people are interdependent throughout their lives, that there are many similarities across, and differences within age groups, and that many people do not follow the assumed standard life course, this project will provide a framework to verify if age is the best criterion in each instance to provide benefits or impose restrictions in law. |
Project Activities Previously Committed for 2006-2007 In 2006-2007, the Commission will conduct additional research and continue work with a study panel of experts, with a view to producing a report in 2008-2009. |
Results Achieved for 2006-07
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Key Target Area: Governance Relationships |
Project: Indigenous Legal Traditions |
Project Commitment and Expected Results Although many communities in Canada demonstrate an ongoing commitment to concepts and values from Indigenous laws and traditions; frequently such concepts and values have been ignored or overruled by non-Indigenous law. Canada has been able to benefit from the enrichment of two legal traditions, civil law and common law. It should also benefit more from Aboriginal heritage and legal traditions. This project will provide a framework for creating space for and recognition of Indigenous legal traditions in Canada. |
Project Activities Previously Committed for 2006-07
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Results Achieved for 2006-07
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Key Target Area: Governance Relationships |
Project: Globalization |
Project Commitment and Expected Results A dynamic law reform agenda must work within a framework that recognizes the interdependence between local and international as well as between domestic and foreign aspects. It is in this context that the Law Commission is examining how Canadian law and policy have an impact on the world, and how the world has an impact on Canadian law and policy. This project will explore new tools of governance to enhance democracy, transparency and accountability given the increasing interdependency of countries and the greater influence of actors other than national governments. |
Project Activities Previously Committed for 2006-07
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Results Achieved for 2006-07
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Key Target Area: Economic Relationships |
Project: Is Work Working? |
Project Commitment and Expected Results
The Commission is studying the ways in which the law allows people to attain economic security or the manner in which it impedes them in achieving this security. The law plays an important role in determining the types of work that are recognized, valued and rewarded, as well as those that are downgraded, poorly regarded and prohibited. In 2004-2005, the Commission published a discussion paper titled Is Work Working? Work Laws That Do A Better Job, which engages Canadians on whether and how the law should evolve to recognize and value non-standard work arrangements and protect vulnerable workers. This project will provide a useful framework for evaluating the various policy and regulatory options available in order to ensure adequate and appropriate support for the promotion of economic security of those engaged in work in the broad sense of the term. |
Project Activities Previously Committed for 2006-07
In 2006-2007, the Commission will conduct additional research and continue to consult with Canadians, with a view to producing a report in 2007-2008. |
Results Achieved for 2006-07
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Key Target Area: Economic Relationships |
Project: Financing on Reserves |
Project Commitment and Expected Results
As a result of property-related provisions in the Indian Act, people living on reserves are unable to use their property to secure loans. The Commission to explore solutions to this situation, which creates a systemic barrier to the management of personal fiannces. This project will provide recommendations to address the issue of equitable access to financial resources for those living on reserves. |
Project Activities Previously Committed for 2006-07
With its existing research, in 2006-2007, the Commission will consult with experts in the area about proposed viable solutions with a view to producing a report in 2007-2008. |
Results Achieved for 2006-07
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Key Target Area: Social Relationships |
Project: In Search of Security |
Project Commitment and Expected Results
Over the past two decades, there has been a gradual loosening of the connection between policing and the state. Today, the state remains a significant player in the delivery and regulation of policing, but there is now a range of private policing organizations that are actively engaged in maintaining order, as well as investigating and preventing crime in public spaces. The Commission is exploring the complex relationships that are emerging between public police and private security agencies in Canada. The Report to Parliament will identify the need for better communication and partnerships among the police and private security agencies, and will make recommendations to address this need. |
Project Activities Previously Committed for 2006-07
In 2006-2007, the Report In Search of Security: The Future of Policing in Canada will be tabled in Parliament. |
Results Achieved for 2006-07
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Key Target Areas: Social Relationships |
Project: Cultural and Religious Diversity |
Project Commitment and Expected Results
The Commission will examine how other customary practices and traditions co-exist with the formal legal system, and the extent to which they can be accommodated in keeping with the values of human rights, equality, freedom of religion and multiculturalism. |
Project Activities Previously Committed for 2006-07 |
Results Achieved for 2006-07
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Other Target Areas |
Project: What is a Crime? |
Project Commitment and Expected Results
The objective of this project is to understand the reasons why certain patterns of behaviour are identified under the concept of crime and to examine the impacts of such a concept on personal, social, economic and governance relationships by assessing the various options available for regulating undesirable behaviour. |
Project Activities Previously Committed for 2006-07
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Results Achieved for 2006-07
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