Why the rule of law matters

How do you defend something most people rarely see, but rely on every single day?

It’s called the rule of law — the principle that lets us speak freely, breathe clean air and live without fear of unchecked power. It’s the foundation of our democracy: an invisible framework that ensure disputes are judged impartially and that our rights will be protected.

Right now, it’s under threat.

Released this week, the latest World Justice Project Rule of Law Index, produced by a non-partisan, multi-disciplinary organization that independently evaluates 143 countries and jurisdictions worldwide, marks the eighth consecutive year of global decline for the rule of law — including in Canada.

Around the world, limits on government power are eroding, corruption is rising and human rights are in retreat.

In Canada, currently ranked 13 on the index, down from 12 last year, findings indicate that the integrity of checks and balances are being weakened, freedom of expression has declined and civic participation is down.

Our own research shows nearly half of Canadians (46 per cent) fear the erosion of the rule of law happening here that they see happening south of the border.

In that same national study, conducted by Navigator’s Discover team, fewer than half (44 per cent) of Canadians said they trust our justice system to work as intended.

People expressed real concerns about corruption, delay and political interference. They told us they see courtrooms backlogged for years along with a legal system that feels slow, opaque and uneven.

In this context, the solution is not to turn our backs on the rule of law, the very principle that has delivered our rights and freedoms and serves as a cornerstone of Canadian democracy.

The remedy is to make it more visible, more tangible and more resilient — to bring the rule of law back into focus as something Canadians can see and feel every day.

The rule of law can be a nebulous concept. Most Canadians admit to having only a surface-level sense of how the justice system works or how it affects their lives.

Fewer than one in three can identify real examples of the rule of law in action, and many can’t recall hearing recent news on this topic.

Understanding, then, cannot and should not be assumed.

Closing this gap is more than an exercise in civic education, it’s a matter of national resilience.

When citizens understand how laws are made, how rights are enforced and how accountability functions, they are far better equipped to defend those systems when they come under strain.

That responsibility does not rest with everyday Canadians alone. For this commitment to endure, our institutions must also step up.

That includes law societies and extends across every corner of the justice system — from governments and courts to legal educators, advocates and policymakers.

In our conversations with Canadians, one message came through clearly: they want a justice system that works more efficiently, transparently and fairly. They worry that those with power or influence have an advantage.

These concerns cannot be brushed aside.

Correcting them will require both transparency and collaboration, between governments, the legal profession, educators and the public itself.

Around the world, the rule of law is being tested — by corruption, conflict and the politics of division.

Canada is not immune to those pressures, but we are in a rare position: to show that trust in justice can be rebuilt, that institutions can be strengthened and that democracy can still deliver fairness and freedom.

In a time when cynicism is easy and confidence is hard, perhaps the most patriotic act we can take is to protect what still works — and strengthen it for the generations to come.

The time to act is now, before we lose what took generations to build.

Leah Kosokowsky is CEO of the Law Society of Manitoba. Anik Bossé is president of the Law Society of New Brunswick. Together, they’re helping lead “Ours to Protect,” a national campaign initiated by a coalition of Canadian law societies to champion the rule of law and keep Canada’s democracy strong.