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Why we need the rule of law
The rule of law is the principle that laws govern Canada, not the specific interests of individuals or governments. It means no one is above the law. Laws must be clear, fair, and applied equally. Courts must be independent in applying them. And the rights and freedoms of Canadians must be protected under those laws.
Four key elements constitute the rule of law:
Equality
From prime ministers to ordinary citizens, no one is above the law. Everyone must be held to the same legal standards.
Transparency
Laws must be public, stable, and fairly applied. Everyone deserves to know the rules that govern their lives.
Independence
Courts and legal professionals must be free from political interference and pressure from powerful people or interest groups. Independent judges ensure decisions are based on facts and law, not on influence or ideology.
Accountability
Governments, officials, judges and legal professionals cannot act on a whim. The rule of law places checks and limits on authority to prevent abuse, corruption, and injustice.
The World Justice Project Index shows the rule of law has declined worldwide for the past eight consecutive years.
Why?
- Rising global authoritarianism and erosion of checks and balances
- Corruption and weak enforcement of laws
- Spread of disinformation undermining trust in institutions
- Threats to judicial independence in many countries
Canada ranks relatively high in the World Justice Project Rule of Law Index — strong compared to most nations, but our country has been slipping in some areas.
Canadians are aware our foundations are strong, but they are worried about political interference and declining trust in the justice system.
Our research shows:
- 94% say the rule of law is personally important
- 90% say it is essential for fairness and justice
- Yet fewer than 1 in 3 (28%) can identify real examples of the rule of law in action
- Some see cracks in the system, with concerns that include delays in justice (92%), political interference (91%)
- Many fear threats to the rule of law they see happening in the U.S. could happen in Canada (46%)
The bottom line? Canadians care deeply about the rule of law but see worrying threats, and don’t fully understand how it works day-to-day.
Without the rule of law, there are no guarantees of fairness or accountability. Governments or individuals could do what they wish, with no fear of any consequences. In short: Life without the rule of law would be unpredictable, unsafe, and unjust.
Without the rule of law...
- Property could be taken without due process
- People could be arrested without cause or detained indefinitely
- Courts could be politicized, delivering decisions based on ideology, not justice
- Corruption and intimidation could replace fairness and equality
When asked what Canadian values matters most, Canadians chose equality (53%) and the right to vote (50%).
The rule of law protects both. It ensures that laws apply equally to everyone, regardless of their identity, power, or how much money they have. It ensures transparent, fair electoral processes. It guarantees that the protections listed in the Canadian Charter of Rights and Freedoms are enforced by independent courts, free from political pressures. The rule of law provides equal access to justice, allowing marginalized groups to challenge discrimination through the courts. Most importantly, it creates real accountability when these rights are violated, ensuring there are consequences for undermining the rule of law.
Without strong rule of law, equality and voting rights become empty promises rather than real protections.
AI is changing how we live and work, and it could affect fairness and justice, too.
Opportunities: On the positive side, AI can help courts process cases faster, spot patterns, and expand access to legal help.
Risks: If AI is biased or not transparent, it could lead to unfair decisions. AI-generated misinformation could manipulate public opinion and elections. That’s why strong rules and oversight are needed to make sure technology serves people, not the other way around.
We’re constantly bombarded with information online, but not all of it is true. False or misleading information, shared with or without malicious intent, spreads incredibly fast on social media. These platforms are designed to show us content that gets lots of clicks and shares, which means dramatic or shocking posts often spread faster than accurate ones.
This creates a real problem for the rule of law. When false information confuses people or makes them mistrustful about how our courts and governments work, it weakens the foundations of justice and democracy.
That’s why media literacy—learning how to fact-check sources, spot bias, and tell the difference between real news and fake stories—is more important than ever. When you can critically evaluate what you see online, you’re protecting yourself from being manipulated and helping ensure the rule of law stays strong and fair for everyone.
Resources
There is important work happening across Canada and around the world to strengthen and protect the rule of law. Here are some additional resources for those who want to go deeper.