10
In a paper given by the President of the Law Commission of Canada (LCC) in
200219, Professor Nathalie Des Rosiers reviewed the work of the Commission. When
the LCC started its work in 1997, it defined its mission as a commitment to engaging
Canadians in the renewal of the law to ensure that it is relevant, responsive, effective,
equally accessible to all, and just. In her paper, delivered after the completion of the
first five years of this work, Professor Des Rosiers concentrated on why the
engagement of citizens was essential to law reform. She identified the need for the
LCC to develop better means of allowing members of the community to exchange
with one another and take stock of the research of the LCC. She stressed the
importance of community involvement in identifying topics which might require law
reform. Like many others referred to in this paper, the LCC found a marked degree
of alienation both about law and about the process of law reform. Speaking of the
LCCs consultation with the community about what was wrong with the law, she
said:
The most revealing element of this consultation was a sense of
disengagement of Canadians towards law and institutions. It almost
seemed that life, real life, was outside the scope of law and certainly,
that law was not considered as contributing to the achievement of an
improved quality of life, but rather as an impediment to fulfilment.
Other areas proposed by the LCC for community involvement are in the initial
research as to the scope of the problem by looking at the reality of the law as it is
lived, that is the impact of the law on the lives of people, by engaging members of
the community in proposing and implementing changes.
3. How can law reform be made more accessible?
The purpose of accessibility to law reform is two-fold: to gain responses and
feedback; and so that the public has a sense of ownership over the process of law
reform.20 This in turn ensures that a Law Reform Commissions work is intellectually
rigorous and practical: having considered evidence of how the area of law in question
operates in practice; gathered information from a variety of sources and perspectives;
19
Engaging Canadians in Law Reform www.lcc.gc.ca/em/pc/speeches/20010403.asp visited
31/03/04.
20
North, Peter Problems of Law Reform [2002] New Zealand Law Review 393 at 396.