Another viewpoint.

• Author: Gander, Lois E.
• Position: Canadian legal system

A judge recently suggested to me that Canada is a "net exporter" of law. He didn't mean that literally, of course, but he did capture the idea that Canada not only has a system of justice that we can be proud of, but one that other countries look to for ideas that might work for them. This issue of LawNow highlights the work of a number of Canadian lawyers who have responded to requests from around the world to share their legal expertise, their energy and enthusiasm, and their respect for western notions of justice.

One of the features of our legal system that we take for granted is that our idea of justice is based on the "rule of law", that is, on the premise that everyone is subject to the law. No one, not the Prime Minister, the Chief Justice of the Supreme Court of Canada, nor my boss is above the law. That doesn't mean that everyone has the same status and powers under the law. Adults have different legal status than children. Citizens have different rights than landed immigrants. Police have powers that ordinary citizens don't have. Municipalities don't have the same powers as provinces, territories, or federal governments. But the rule of law does mean that we all have the same right to be treated fairly and in accordance with the law that applies to our particular situation. Our police and governments must obey the laws that govern their activities just as we as citizens, visitors, employers, and employees must obey the laws that govern us. If any of us overstep the law, we may be required to reverse our decisions, pay for any damages we have caused, or be punished. Just what remedy is appropriate is also provided for by law and legal processes are in place to enforce those remedies. As Janet Keeping notes in her article on "Lawyering in a Lawless Land", this is not the case in many other countries.

While a great deal of the international effort to spread western ideas about law has been directed to readdressing violations of what we see as fundamental human rights, what may lead most quickly to the spread of the rule of law may be the desire of many countries to benefit from western forms of economic development. Capitalism in general and international trade in particular cannot flourish unless the contracts that lie at their heart are legally binding and enforceable. In Canada, we understand that a contract is an agreement between two or more parties which is recognized by law and which gives rise to obligations which a court...