45
173. In Canada, Roderick A. Macdonald, President of the Law Commission of
Canada, has attributed the decline in law commissions to shifting cultural
tendencies creating scepticism as to the value of law reform.48 Roderick
Macdonald hypothesises as follows (at 833):
My immediate ambition in this article is to cast a critical light on the notion of
expert Law Reform Commissions, primarily with a view to defending them against
their two most evident enemies: cost cutters and ideologues. Much of the
recent criticism of expert Law Reform Commissions has, ostensibly, been budget-
driven. At a time of shrinking government resources, they are characterised
as a luxury that can no longer be afforded. But the real critique has been overtly
ideological. Some erstwhile academic supporters have suddenly discovered expert
Law Reform Commissions to be elitist and undemocratic institutions.
Commissions are stigmatised as not responsive, either in their make up or in the
projects they undertake, to the diversity of gender, race and class in Canada. For
other critics, expert Law Reform Commissions are no more than havens for self-
indulgent, naïve, spend-thrift, left-wing social engineers whose ideas have been
discredited as impractical everywhere else. Obviously, I reject these several
critiques, although I too confess to a certain unease about the expert Law Reform
Commission project, especially as it is promoted in most professional and some
academic circles today.
[Emphasis added]
174. The abolition of law commissions has often left a significant vacuum in the
knowledge and legal resources available to the Government and public in
relation to law reform. As a consequence, in many of the Countries, States or
Provinces where the law commission has been abolished, some other form of law
reform machinery has been established to fill the vacuum.
175. The re-established and new law reform agencies are outlined in the section
below.
Law Reform Bodies that have been Re-established in the 1990s
Canada
176. The Law Commission of Canada (Canadian Commission) is the most recent
example looked at of the creation of an independent law reform agency (in this
case a departmental corporation) set up to provide a critical perspective on
Canadian law.
177. The Canadian Commission was re-established on 1 July 1997 under the Law
Commission of Canada Act 1997.
48
Recommissioning Law Reform (1997) 35 Alberta Law Review 831.