Canadian Charter of Rights and Freedoms Quiz

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Questions and Answers

The Supreme Court of Canada agreed that the Code violated the equality rights in section 15 of the ______.

Charter

The rights and freedoms guaranteed by the Charter are not ______.

unlimited

The 'reasonable limits' provision is found in section ______ of the Charter.

1

In the case of R v Oakes, the Supreme Court established a test for determining when a law that limits a Charter right is a ______ limit.

<p>reasonable</p> Signup and view all the answers

A limitation of Charter rights is justifiable if the law relates to a pressing and substantial government ______.

<p>objective</p> Signup and view all the answers

The burden of proof lies with the ______ to show that the infringement is justified.

<p>government</p> Signup and view all the answers

A law's means to achieve its objective must be 'proportional', which means they are rationally connected to the ______.

<p>objective</p> Signup and view all the answers

The more severe the harmful effects of a measure, the more important the ______ must be to justify it.

<p>objective</p> Signup and view all the answers

The Meiorin case reached a watershed decision in ______

<p>1999</p> Signup and view all the answers

In the Meiorin case, the Court redirected its interpretation of ______ legislation.

<p>human rights</p> Signup and view all the answers

An employer must accommodate employees unless it is impossible to do so without ______ hardship.

<p>undue</p> Signup and view all the answers

Watershed decisions occur with some frequency in the ______ arena.

<p>employment</p> Signup and view all the answers

Two branches of common law that affect employment are contract law and ______ law.

<p>tort</p> Signup and view all the answers

The relationship between employers and employees is fundamentally ______.

<p>contractual</p> Signup and view all the answers

The agreement that forms the basis of the employment relationship is known as a ______ agreement.

<p>contract</p> Signup and view all the answers

Collective agreements cover the relationship between employers and ______ employees.

<p>unionized</p> Signup and view all the answers

In a successful lawsuit, damages are awarded in the form of monetary compensation to place the plaintiff in the same position they would have been in if the defendant had not breached the ______.

<p>contract</p> Signup and view all the answers

In a wrongful dismissal action, damages are awarded to reflect the wages and ______ that the plaintiff would have received.

<p>benefits</p> Signup and view all the answers

Collective agreements require that the employer have ______ cause before disciplining or terminating an employee.

<p>just</p> Signup and view all the answers

In a non-unionized workplace, the employer may end the employment relationship for any reason as long as the reason is not ______.

<p>discriminatory</p> Signup and view all the answers

In a unionized workplace, if an employee is discharged without just cause, the preferred remedy is to ______ the employee to their original position.

<p>reinstate</p> Signup and view all the answers

The remedies available to an employee who is discharged without just cause in a non-union environment are normally ______.

<p>monetary</p> Signup and view all the answers

For unionized employees, the employee must have engaged in ______ before the employer can end the employment relationship.

<p>misconduct</p> Signup and view all the answers

In federally regulated industries, the legal situation regarding dismissals requires employers to establish ______ cause for terminations.

<p>just</p> Signup and view all the answers

The Canadian Legal Information Institute (CanLII) is a good place to find the most up-to-date version of employment-related ______ for each province.

<p>statutes</p> Signup and view all the answers

Detailed rules on how to implement or administer the statute are often found in ______.

<p>regulations</p> Signup and view all the answers

The rules made under the Employment Standards Act in BC state that there is a minimum ______ for most occupations.

<p>wage</p> Signup and view all the answers

Regulations are as legally binding as the ______ that enables them.

<p>statute</p> Signup and view all the answers

______ or members of administrative tribunals interpret legislation while adjudicating cases.

<p>Judges</p> Signup and view all the answers

The authority granted to a legal body to administer justice within a defined area of responsibility is known as ______.

<p>jurisdiction</p> Signup and view all the answers

Regulations are published in the British Columbia Gazette and the Alberta ______.

<p>Gazette</p> Signup and view all the answers

The adjudicators appointed ______ to a statute interpret legislation while adjudicating cases.

<p>pursuant</p> Signup and view all the answers

The highest court in Canada is the ______.

<p>Supreme Court of Canada</p> Signup and view all the answers

In British Columbia, the court of appeal is named the ______ Court of Appeal.

<p>British Columbia</p> Signup and view all the answers

The Alberta Court of Appeal serves as the court of appeal for ______.

<p>Alberta</p> Signup and view all the answers

The BC Supreme Court and the Alberta Court of King's Bench are examples of ______ courts.

<p>superior</p> Signup and view all the answers

Each province has courts of special jurisdiction that handle matters like ______.

<p>small claims</p> Signup and view all the answers

The Civil Resolution Tribunal in BC was introduced to resolve disputes involving claims up to ______.

<p>$5,000</p> Signup and view all the answers

Provincial superior courts generally hear cases involving claims that exceed ______ in BC.

<p>$35,000</p> Signup and view all the answers

The provincial and territorial courts primarily handle civil and ______ jurisdictions.

<p>criminal</p> Signup and view all the answers

In Canada, judges are not ______.

<p>elected</p> Signup and view all the answers

Administrative tribunals have been established to make decisions in ______ areas.

<p>specialized</p> Signup and view all the answers

In employment law, administrative tribunals have primary ______ over most matters.

<p>jurisdiction</p> Signup and view all the answers

Tribunals act in a ______-judicial manner.

<p>quasi</p> Signup and view all the answers

Appeals to the courts from administrative tribunal decisions are usually limited by ______.

<p>statute</p> Signup and view all the answers

A request to a court to review the decision of an administrative tribunal is called an application for ______.

<p>judicial review</p> Signup and view all the answers

The Alberta Court of King’s Bench and BC Supreme Court conduct ______.

<p>judicial reviews</p> Signup and view all the answers

In Alberta, the Labour Relations Board became the appeal body for parts of the Occupational Health and ______ Act.

<p>Safety</p> Signup and view all the answers

Flashcards

Regulations

Legal rules created under the authority of a statute, providing details on how to implement or administer the statute.

Statutes

A collection of laws passed by a legislature.

CanLII

A website offering up-to-date versions of employment-related statutes for each province in Canada.

Jurisdiction

The authority granted to a legal body (like a court or tribunal) to make decisions and administer justice within a specific area.

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Statutory Interpretation

The process of interpreting and applying laws to specific cases.

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Administrative Tribunals

Individuals appointed by a statute to decide disputes within a specific area of law.

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Jurisdictional Analysis

The process of determining whether a court or tribunal has the legal authority to hear a case.

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Provincial Gazettes (e.g., British Columbia Gazette)

The official government publications where regulations are published.

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Reasonable Limits in the Charter

The Charter of Rights and Freedoms guarantees certain rights, but these rights can be limited by laws that are demonstrably justified in a free and democratic society.

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R v Oakes

The Supreme Court case that established the Oakes test, a framework used to determine if a law that limits a Charter right is justified.

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Oakes Test

This test, derived from R v Oakes, assesses if a law limiting a Charter right can be justified. It has three parts: 1) pressing and substantial objective; 2) rational connection to the objective; 3) minimal impairment to the Charter right and benefits outweighing harms.

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Pressing and Substantial Objective

The law must have a significant and important goal; the objective cannot be trivial or insignificant.

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Rational Connection

A law must be rationally connected to its objective (i.e., it must be logical and make sense).

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Minimal Impairment

The law should interfere with the Charter right as little as possible. It must be the least intrusive option to achieve the objective.

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Benefits Outweighing Harms

The benefits of limiting the Charter right must outweigh the harmful effects.

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Burden of Proof

The government bears the responsibility for demonstrating that a limitation of a Charter right is justified by meeting the requirements of the Oakes test.

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Pay in lieu of notice

Compensation paid to an employee in lieu of working out a notice period.

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Just cause for dismissal

A serious employee mis-conduct that justifies immediate termination without notice.

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Just cause requirement

The requirement for an employer to have a valid reason before disciplining or terminating an employee.

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Individual employment contract

A legal document that outlines the specific terms of employment for an individual employee.

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Wrongful dismissal action

A legal action taken by an employee against an employer for wrongful termination.

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Collective agreement

An agreement between an employer and a group of employees represented by a union.

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Reinstatement

A legal remedy that restores an employee to their original position after a wrongful dismissal.

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Termination of employment in non-unionized workplace

The process of terminating an employee's employment for any reason, as long as it's not discriminatory and proper notice is given or pay in lieu is offered.

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What is the highest court in Canada?

The Supreme Court of Canada is Canada's highest court, with the final say on legal matters.

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What type of legal issues does the Court Martial Appeal Court handle?

The Court Martial Appeal Court deals with appeals related to military law.

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What role do Provincial/Territorial Courts of Appeal play?

Provincial/Territorial Courts of Appeal review decisions made by lower courts within their province or territory.

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What is the primary trial court in each Canadian province?

Each province has a Superior Court, which is the main trial court handling serious criminal offences, civil disputes, and appeals from lower courts.

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What types of cases do Provincial/Territorial Courts handle?

Provincial/Territorial courts handle various matters including small claims, family law (except divorce), youth crime, traffic violations, and minor criminal offenses.

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What are Administrative Tribunals?

Administrative Tribunals, appointed by law, resolve disputes within specific legal areas.

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What is the Federal Court of Appeal's purpose?

The Federal Court of Appeal handles appeals from the Federal Court and Tax Court of Canada.

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What legal issues does the Federal Court address?

The Federal Court resolves disputes involving federal laws and the federal government.

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Meiorin Case

A legal precedent that established a higher standard for employers to defend discriminatory job rules. Employers must accommodate employees unless it causes undue hardship.

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Watershed Decision

A legal term referring to a landmark decision that significantly alters the course of the law in a particular area.

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Contract Law in Employment

The legal relationship between employers and employees is governed by contracts. These contracts outline the terms and conditions of employment.

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Contract Law

A body of law that encompasses principles relating to agreements for the purchase or provision of goods or services.

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Employment Contract

A legal agreement between an employer and employee. It governs the terms and conditions of the employment relationship.

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Tort Law in Employment

A branch of law dealing with wrongful acts that cause harm to others. It is relevant in employment law because it can affect employee rights and employer responsibilities.

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Privative Clause

A provision in a statute that limits the possibility of appealing an administrative tribunal’s decision to a court.

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Judicial Review

A process where a court examines the decision of an administrative tribunal to ensure fairness and legality.

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Common Law

A legal term for a dispute heard in a court, where the court’s decision creates new legal principles.

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Procedural Fairness

The principle of fairness that requires a decision-maker to act impartially and follow specific procedures.

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Application for Judicial Review

A claim filed in a court to review the decision of an administrative tribunal.

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Wrongful Dismissal

A legal dispute that arises when an employer dismisses an employee without proper justification.

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Study Notes

  • This textbook provides an overview of employment law concepts, statutes, and the role of judges and tribunals in interpretation and enforcement.
  • Alberta and British Columbia have different employment laws based on location, type of work, and worker classification (employee, contractor, unionized, non-unionized).
  • Federal law covers certain industries, unlike provincial laws.

Chapter 2: Judge-Made Employment Law

  • Employment law is also made via common law (judge-made law), distinct from written statutes.
  • The chapter distinguishes between employees and independent contractors, with different legal implications.

Chapter 3: Labour Relations Codes

  • This chapter delves into unionized workplaces' considerations, emphasizing the unique differences in Alberta and British Columbia (BC).
  • It details the process of unionization, collective bargaining, strikes, and employer-union relations.
  • The implications when employees become part of a union are explored.
  • Legal codes in different provinces help regulate the relations between unions and employers.

Chapter 4: Canada Labour Code

  • This chapter details employment protection for specific industries with national interest.
  • This section of employment legislation includes transportation, telecommunications, banking, and the federal government of Canada.
  • It includes details on union and non-union workplaces, Occupational Health and Safety, and minimum employment standards.

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