ARCHIVED - RPP 2006-2007
Law Commission of Canada

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President's Message

Since its creation in 1997, the Law Commission of Canada has questioned existing approaches and concepts of law with the aim of making laws more responsive to new and emerging needs and expectations of Canadians. Through its analytical framework built around the theme of relationships, the Law Commission has produced in-depth reports and made recommendations on many questions of importance to Canadians. In the last year, following my appointment as President, the Commission has continued its work on all of its on-going projects. A discussion paper highlighting key questions that arise from the advancing globalization of the world was released in March 2006. Early on in this reporting period, we anticipate tabling a Report to Parliament on the future of policing in Canada.

This 2006-2007 Report on Plans and Priorities puts forward a road map providing directions to the Commission for the next two years. Work will be primarily focussed on six projects: Age and Law, Vulnerable Worker, Globalization and Law, Indigenous Legal Traditions, What Is a Crime and Financing on Reserves. As it has done in the past, the Law Commission will ensure that its products are the results of extensive consultations with Canadians and are based on expertise drawn from various disciplines.

By the end of this reporting period, the Law Commission will have selected new issues for future reports. Already, through its own research initiatives as well as through its numerous partnerships with various organizations committed to improving our laws, the Law Commission is exploring a number of topics including privacy, access to justice, the right to communicate, economic and social rights, risk and the law and cultural diversity. The Law Commission will contribute to these topics in the coming year by sponsoring new and innovative research. The Law Commission will also review its current strategic direction in order to determine whether it needs refinement, additions or modification in order to better respond to a world that is constantly changing.

The substantive work of the Law Commission is enriched by the participation of numerous groups and individuals from all regions of the country and from various disciplines. Over the years the Law Commission has developed networks and partnerships with numerous actors concerned with law reform. It has also reached out to Canadians through its web site, public consultations, empirical research and diverse modes of communication in order to engage as wide a range of groups and individuals as resources allow. The overall budget of the Law Commission, unchanged since its inception, creates challenges in responding to our mandate to broadly engage Canadians, to fund cutting-edge research and to participate in collaborative efforts. In the coming year, the Law Commission will continue to be innovative in its approach to ensure the engagement of Canadians who, although experiencing the impacts of law, would not likely have input but for the outreach activities of the Law Commission of Canada.

Yves Le Bouthillier
President

Summary Information

The mandate of the Law Commission of Canada is derived from the Law Commission of Canada Act, which came into force in April 1997. The mandate of the Commission is "to study and keep under systematic review, in a manner that reflects the concepts and institutions of the common and civil law systems, the law of Canada and its effects." The Commission is directed under section 3 of the Law Commission of Canada Act to focus on four orientations: New Concepts of Law: The Commission is to work toward the development of new concepts of law and new approaches to law. Efficiency and Accessibility: The Commission is to consider measures to make the legal system more efficient, economical and accessible. Stimulating Critical Debate: The Commission is charged with stimulating critical debate about the law and how it operates in Canadian society. It is encouraged to forge productive networks with academic and other communities to ensure cooperation and coordination in law reform initiatives. Eliminating Obsolescence and Anomalies: The Commission is to work toward the elimination of obsolescence and anomalies in the current law. The Law Commission of Canada Act can be found on the Commission's web site at http://www.lcc.gc.ca/about/default-en.asp.

Financial Resources

(thousands of dollars)

2006-2007	2007-2008	2008-2009
3,173	3,194	3,194

Human Resources

2006-2007	2007-2008	2008-2009
11	11	11

Departmental Priorities

Priorities	Type	Planned Spending (thousands of dollars)
		2005-2006	2006-2007	2007-2008
1.  Make recommendations for law reform	Ongoing	350	525	175
2. Engage Canadians in law reform	Ongoing	748	469	819
3. Conduct leading-edge research	Ongoing	2,075	2,200	2,200
Total		3,173	3,194	3,194

Priority 1

Make recommendations for law reform

Description

The Law Commission of Canada has a mandate to provide advice and recommendations on how to modernize and improve the law in Canada. To that end, the Law Commission is responding to changes in the way Canadians live their lives and the changing social and economic context such that the law evolves to meet their needs and expectations.

Plans

The Law Commission plans to issue the following Reports to Parliament:

2006-2007:	In Search of Security: The Future of Policing in Canada - examines the complex relationships that are emerging between public police and private security enterprises in Canada. What Is a Crime? - analyzes legal and social responses to crime and unwanted behaviour.
2007-2008:	Indigenous Legal Traditions - explores how to create space for these traditions. The Vulnerable Worker - studies the promotion of economic security for vulnerable workers. Globalization and Law - examines new processes to improve the legitimacy of law in a globalized world. Financing on Reserves - analyzes the property-related provisions in the Indian Act which create systemic barriers to management of personal finances and economic development.
2008-2009:	Age and Law - studies the use of age as a criterion in law, intergenerational relationships and a life course approach to the law.

Risks and Challenges

The timing for the issuance of reports can be affected by:

• The number of issues arising from consultations that require further study prior to the preparation of recommendations.
• The number of stakeholders to be consulted on a given topic and the ease with which groups and members of the public can be assembled for consultations.
• The small size of the Commission, budgetary constraints and competing priorities.

  Priority 2

  Engage Canadians in law reform

  Description

  The Law Commission is mandated to engage Canadians in law reform. Consultation events are held on each project with experts in the field, stakeholders and members of the general public. The Law Commission is constantly striving to increase awareness of law reform issues and encourage public debate. Linkages have been made with community organizations to better reach Canadians and new project-specific communication products are being planned to make our projects even more accessible. Efforts to involve member organizations of the Federation of Law Reform Agencies of Canada in our work will be continued. As well, public engagement plans will be enhanced as the Law Commission continues to seek ways of increasing the involvement of Canadians in law reform.

  Plans

  • Improve strategic plans to engage Canadians in the law reform process.
  • Review and improve the engagement of youth in debates around law reform.
  • Prepare a strategy to improve linkages to the media and the ability to take advantage of opportunities in the media to increase awareness of law reform.
  • In 2006-2007:
    
    •  Host roundtables on exploratory topics;
    •  Issue a discussion paper accompanied by a documentary video and background paper on Indigenous Legal Traditions;
    •  Prepare a plain language brochure on Globalization and Law;
    •  Hold consultation events for Indigenous Legal Traditions, Globalization and Law, Vulnerable Workers and Age and Law;

Risks and Challenges

The overall budget of the Law Commission, unchanged since its inception, creates challenges in responding to the mandate to broadly engage Canadians. For example, the ability to use paid announcements to notify the public of our events is severely circumscribed. The small size of the Law Commission, based in Ottawa, necessitates the creation of linkages with local organizations that are willing to use their networks to help publicize an event.

Priority 3

Conduct leading-edge research

Description

The Law Commission responds to its mandate by collaborating with many organizations and individuals representing a variety of disciplines. The Law Commission serves an important role in creating opportunities for people to network and benefit from each other's knowledge. Research produced by the Law Commission is broadly circulated to people in academia, non-governmental organizations and other research institutes and is made publicly available online. Work will continue with our existing partners including the Social Sciences and Humanities Research Council of Canada, the Indigenous Bar Association, the Uniform Law Conference of Canada, the Canadian Federation for the Humanities and Social Sciences, the Canadian Association of Law Teachers, the Council of Canadian Law Deans, the Canadian Law and Society Association and the New Zealand Law Reform Commission. The Law Commission will continue to seek out organizations with which to collaborate on areas pertinent to law reform.

Plans

Establish new, and enhance existing, partnerships with individuals, agencies and organizations both in Canada and around the world, including the following:

•  Research issues arising from consultations on Age and Law and The Vulnerable Worker.
•  Research a variety of exploratory subjects such as privacy, risk, economic and social rights, right to communication, cultural diversity and access to justice.
•  In 2006-2007, disseminate research generated by the following activities:
  •  Legal Dimensions: Law and Citizenship
  •  Audacity of Imagination: The 'Place' of Justice
  •  Papers produced for the 2006 Crown-Métis Conference
  •  What is a Crime? Case Studies
•  Collaborate with the Hague Institute for the Internationalisation of Law on work related to Globalization and Law.
•  Continue partnership programs piloted in 2005 with the Canadian Bar Association - Law for the Future Fund and the Community Foundations of Canada.

Risks and Challenges

The Law Commission receives numerous requests to fund research and activities related to law reform initiatives. However, our interest in funding worthwhile and cutting-edge research and participating in additional collaborative efforts is somewhat hampered by the costs of translating and preparing documents for publication.

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