Don’t wait for legal reform — push for it

roderick-macdonald

Roderick Macdonald was a contrarian and innovator who shaped legal reform in Canada.

Most Canadians probably think legal reform is something best left to lawyers and politicians. Reflect on that for a few minutes and ask yourself if you want to leave it entirely up to them. Consider to whom they might be beholden and don’t leave it up to others to make the kind of country you want.

In the Internet age, there is greater opportunity to participate in democracy and participate in discussions. The Internet is  to us as the agora was to ancient Greece. It is an amazing medium, but some people are using it to great harm and our justice system doesn’t seem to be able to keep pace.

As Hilary Beaumont wrote in her excellent article in The Coast there are people using the Internet to commit crimes that police say are beyond the current scope of the law. In some cases that’s true, but in many cases police and prosecutors just need the mental dexterity to apply existing laws to new crimes that fit under their umbrella.

I’m a firm believer in democracy, despite its flaws, but there is a lack of accountability and transparency in our government and bureaucracy. There is also an overwhelming urge to dither instead acting clearly and decisively to do the right thing. You should never be afraid to do the right thing under the circumstances. If you’re afraid of future consequences, then you adjust your actions to mitigate or eliminate those.

After writing about the publication ban in the Rehtaeh Parsons case, someone contacted me and offered to help. It was great to hear a total stranger offer me words of encouragement and legal support if I needed it. He also shared with me some new inspiration: former McGill University law professor Roderick Macdonald.

In May, Macdonald gave what was perhaps his last interview at a symposium in Montreal, and a few of his comments are worthy of a valedictory address for a man who had a profound impact on legal reform in our country.

“Many, many people believe that the law is a one-way projection of authority from lawmakers or law-givers to citizens, who are merely passive respondents to what the commands of the people in authority are. The best way to achieve a harmonious and peaceful society is to recognize that people have within themselves the capacity to do what is appropriate under the circumstances, and that the law should be designed to facilitate their agency.”

Now that a growing number of people have broken the publication ban in the Rehtaeh Parsons case, Glen Canning has asked the Attorney General and the Public Prosecution Service of Nova Scotia to issue a pronouncement saying they will not prosecute. We wait, but hopefully they will make a decision before the next court appearance. Meanwhile, media outside Canada, including one of the world’s most respected newspapers — The Guardian — are covering it and using Rehtaeh’s name in their coverage.

Hopefully, they’re convinced the ban has been broken. If they’re not convinced, then keep doing your part to break it. It’s about nothing more than making sure public officials are held accountable for their actions — or inaction — and for this to be done with public scrutiny.

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