Canton’s recipe for disastrous laws
1. Take some behavior/activity that most would agree is wrong (aka the “evil”)
2. Someone says “we need a law to stop the evil”.
3. Someone drafts a law with no rational thought or research into:
(a) whether it will actually stop/diminish/fix the evil; or,
(b) what collateral damage it will cause.
4. Lawmakers/supporters get on the bandwagon thinking that:
(a) it’s a good cause (see # 1); and/or
(b) it makes a good sound bite (see # 2); and/or
(c) it might impress voters/lobby groups (see # 1 and 2):
with no independent thought, or uncaring disregard, as to its effects (see # 3).
5. People won’t say no to the proposed law because they are afraid of being seen as in favor of the evil.
We need to stop doing this. Too many ineffective/obtrusive/unenforceable laws are passed as a result of this recipe.
So what caused this rant?
An Ontario private members bill has been proposed to require everyone to report any suspected child pornography. While no rational person would support child pornography, the above recipe is being followed. There is apparently much support for the proposed bill within the legislature. Commentary on a legal list serve is virtually unanimous in its condemnation of the bill because the only likely effect will be to cause collateral damage.




