What is the role of the courts in law reform?
British Columbia, Canada
The following excerpt is from Re: The Estate of Bessie Bloom, deceased, 2004 BCSC 70 (CanLII):
As Iacobucci J. stated in Regina v. Salituro, 1991 CanLII 17 (SCC), [1991] 3 S.C.R. 654, at p. 670: [I]n a constitutional democracy such as ours it is the legislature and not the courts which has the major responsibility for law reform; and for any changes to the law which may have complex ramifications, however necessary or desirable such changes may be, they should be left to the legislature. The judiciary should confine itself to those incremental changes which are necessary to keep the common law in step with the dynamic and evolving fabric of our society.
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