BILL – C11 – Opinion and Review

It’s Overwritten, Bloated & Confusing

Laws are put in place to regulate the behaviour of individuals and organizations in society and ensure that everyone has a fair and just experience. However, when laws become overly detailed and too specific, they become harder to interpret and create unintended consequences. This is often referred to as “over-regulation,” sound familiar?

When laws become too granular, they can remove the flexibility and discretion of judges and law enforcement officials, making it more challenging for them to apply common sense to individual cases. This can lead to rigid and bureaucratic processes that may not consider each situation’s unique circumstances. It also creates long debates, where increased costs are incurred as parties navigate a document that is usually highly fragmented and, in some cases, self-contradicting. Highly complex and lengthy documents become so granular that writers, when authoring, lose sight of intent, and we see conflicting statements, or at least one statement brings another into question.

Moreover, the abundance of clauses in laws can open the door to speculation and over-interpretation. This can lead to laws being used to restrict individual freedoms and perpetuate government biases, which can result in censorship. The abundance of legal language can also make it easier for special interest groups to use the law to their advantage, as they can navigate the complex wording more easily.

In some cases, overly detailed laws can also play favourites, benefiting some groups over others. This can result in laws that appear to be unjust, as they may be perceived as serving the interests of a select few at the expense of the wider population.

When laws become overly detailed and complex, they can become more difficult to interpret and result in unintended consequences. This can lead to over-regulation, restriction of individual freedoms, and favouritism to government biases and censorship. To avoid these issues, laws must be written clearly and concisely, considering the importance of common sense and fairness in their application.
Historically, shorter and well-written laws have effectively achieved their intended purpose. Clarity and simplicity are key to ensuring that the public understands and follows laws. When laws are written in plain language, they are easier to understand and follow, reducing the risk of confusion and speculation.

However, when laws are written using complex legal language, they can become confusing and difficult to interpret, even for those with a legal background. This can lead to confusion and speculation about the intended meaning of the law, which can result in it being applied in unintended ways.

In addition, when laws are written in a complex and confusing manner, they can be difficult for the public to understand without relying on the media’s interpretation. This can result in a significant portion of the population being left in the dark about the laws that govern them, leading to a lack of trust in the legal system.

Therefore, laws need to be written in plain language that is easy to understand. By simplifying and shortening laws, they can become more inclusive and accessible to the public, increasing understanding and trust in the legal system. This can lead to more effective and efficient regulation and ensure that laws are applied fairly and justly to all individuals and organizations.
In addition, there are a lot of subjective and non-qualitative statements whereby terms need to be properly defined. For example, “(g) the programming over which a person who carries on a broadcasting undertaking has programming control should be of high standard;” what is “high standard?”

The principle that if a law or regulation cannot be explained in plain language, then its merit and intent should be questioned is rooted in the belief that laws should be clear, accessible, and understandable to the public. When laws are written in a manner that is easier to understand, it can create confusion and lead to misinterpretation and speculation about the intent behind the law.

A law or regulation written in plain language is more likely to be fair as it can be easily understood by everyone, including those who may not have a legal background. This can increase public trust in the legal system and ensure that laws are applied consistently and predictably.

In contrast, laws written in complex legal language can create the impression that they are intended to serve a select few interests or are being used to restrict individual freedoms. This can lead to a lack of trust in the legal system and a perception that the law is unjust and exclusionary.

Therefore, if a law or regulation cannot be explained in plain language, it is important to question its merit and intent. Laws should be written in a manner that is accessible and understandable to everyone and should not be used to restrict individual freedoms or perpetuate government biases. By ensuring that laws are written in plain language, we can increase trust in the legal system and ensure that laws are applied fairly and justly to all individuals and organizations in society.