New Law in Canada
The legal industry is undergoing a paradigm change from provider to customer-centricity. This will create new law—law that better resembles business and society’s customers in terms of cognitive diversity, demographics, culture, experience and remits. It will be a more collaborative, agile, on-demand, data-backed and tech-enabled business. Its profits will come from customer impact and enhanced experience, not preserving legacy economic models and self-congratulatory awards. And it will have a diverse, team-oriented, cross-functional and empathetic workforce.
New laws and rules may be drafted by any number of sources, including:
A new law is a proposed policy that is presented to the Government for approval by Cabinet (the Prime Minister’s forum for creating consensus among the Government’s Ministers). Cabinet then develops draft legislation from the policy and provides it to the House of Commons and Senate for review and consideration. If approved, the legislation becomes a bill that is introduced to Parliament for debate and eventual passage.
Once passed, the bill will become a federal law unless amended by the Governor General or repealed by the Senate and the House of Commons. The legislation will then become a statute that is incorporated in the Canada Act and enforced by the courts and other provincial authorities.
The statute may also be amended by the Governor General through a royal proclamation or regulation. It is the duty of the executive branch to ensure that all proposed laws comply with the Constitution and the Charter of Rights and Freedoms. The Governor General will not sign any legislation that conflicts with the Constitution and the Charter.
In the past, most new laws were introduced through bills or regulations that were enacted by Parliament. However, more recently, the Government of Canada has taken the approach that new laws should be created through executive order. This allows the Government to respond quickly to changes in the marketplace or changes in the needs of its stakeholders.
This flexibility has been a key component in the development of many new strategies, such as alternative fee arrangements and new business structures. These new strategies can help lawyers provide a more personalized, value-based and risk-focused service for their clients. They can also allow them to work more closely with clients on a variety of projects that could be outside of the traditional scope of a legal services firm. These new types of projects can include things like working with underserved communities or delivering a unique type of advice to a client. By adopting these new approaches, it is possible for law firms to unleash their potential to deliver the kind of high-quality legal services that their clients deserve.