Podcast
Questions and Answers
The Supreme Court of Canada agreed that the Code violated the equality rights in section 15 of the ______.
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 ______.
The rights and freedoms guaranteed by the Charter are not ______.
unlimited
The 'reasonable limits' provision is found in section ______ of the Charter.
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.
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.
Signup and view all the answers
A limitation of Charter rights is justifiable if the law relates to a pressing and substantial government ______.
A limitation of Charter rights is justifiable if the law relates to a pressing and substantial government ______.
Signup and view all the answers
The burden of proof lies with the ______ to show that the infringement is justified.
The burden of proof lies with the ______ to show that the infringement is justified.
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 ______.
A law's means to achieve its objective must be 'proportional', which means they are rationally connected to the ______.
Signup and view all the answers
The more severe the harmful effects of a measure, the more important the ______ must be to justify it.
The more severe the harmful effects of a measure, the more important the ______ must be to justify it.
Signup and view all the answers
The Meiorin case reached a watershed decision in ______
The Meiorin case reached a watershed decision in ______
Signup and view all the answers
In the Meiorin case, the Court redirected its interpretation of ______ legislation.
In the Meiorin case, the Court redirected its interpretation of ______ legislation.
Signup and view all the answers
An employer must accommodate employees unless it is impossible to do so without ______ hardship.
An employer must accommodate employees unless it is impossible to do so without ______ hardship.
Signup and view all the answers
Watershed decisions occur with some frequency in the ______ arena.
Watershed decisions occur with some frequency in the ______ arena.
Signup and view all the answers
Two branches of common law that affect employment are contract law and ______ law.
Two branches of common law that affect employment are contract law and ______ law.
Signup and view all the answers
The relationship between employers and employees is fundamentally ______.
The relationship between employers and employees is fundamentally ______.
Signup and view all the answers
The agreement that forms the basis of the employment relationship is known as a ______ agreement.
The agreement that forms the basis of the employment relationship is known as a ______ agreement.
Signup and view all the answers
Collective agreements cover the relationship between employers and ______ employees.
Collective agreements cover the relationship between employers and ______ employees.
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 ______.
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 ______.
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.
In a wrongful dismissal action, damages are awarded to reflect the wages and ______ that the plaintiff would have received.
Signup and view all the answers
Collective agreements require that the employer have ______ cause before disciplining or terminating an employee.
Collective agreements require that the employer have ______ cause before disciplining or terminating an employee.
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 ______.
In a non-unionized workplace, the employer may end the employment relationship for any reason as long as the reason is not ______.
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.
In a unionized workplace, if an employee is discharged without just cause, the preferred remedy is to ______ the employee to their original position.
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 ______.
The remedies available to an employee who is discharged without just cause in a non-union environment are normally ______.
Signup and view all the answers
For unionized employees, the employee must have engaged in ______ before the employer can end the employment relationship.
For unionized employees, the employee must have engaged in ______ before the employer can end the employment relationship.
Signup and view all the answers
In federally regulated industries, the legal situation regarding dismissals requires employers to establish ______ cause for terminations.
In federally regulated industries, the legal situation regarding dismissals requires employers to establish ______ cause for terminations.
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.
The Canadian Legal Information Institute (CanLII) is a good place to find the most up-to-date version of employment-related ______ for each province.
Signup and view all the answers
Detailed rules on how to implement or administer the statute are often found in ______.
Detailed rules on how to implement or administer the statute are often found in ______.
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.
The rules made under the Employment Standards Act in BC state that there is a minimum ______ for most occupations.
Signup and view all the answers
Regulations are as legally binding as the ______ that enables them.
Regulations are as legally binding as the ______ that enables them.
Signup and view all the answers
______ or members of administrative tribunals interpret legislation while adjudicating cases.
______ or members of administrative tribunals interpret legislation while adjudicating cases.
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 ______.
The authority granted to a legal body to administer justice within a defined area of responsibility is known as ______.
Signup and view all the answers
Regulations are published in the British Columbia Gazette and the Alberta ______.
Regulations are published in the British Columbia Gazette and the Alberta ______.
Signup and view all the answers
The adjudicators appointed ______ to a statute interpret legislation while adjudicating cases.
The adjudicators appointed ______ to a statute interpret legislation while adjudicating cases.
Signup and view all the answers
The highest court in Canada is the ______.
The highest court in Canada is the ______.
Signup and view all the answers
In British Columbia, the court of appeal is named the ______ Court of Appeal.
In British Columbia, the court of appeal is named the ______ Court of Appeal.
Signup and view all the answers
The Alberta Court of Appeal serves as the court of appeal for ______.
The Alberta Court of Appeal serves as the court of appeal for ______.
Signup and view all the answers
The BC Supreme Court and the Alberta Court of King's Bench are examples of ______ courts.
The BC Supreme Court and the Alberta Court of King's Bench are examples of ______ courts.
Signup and view all the answers
Each province has courts of special jurisdiction that handle matters like ______.
Each province has courts of special jurisdiction that handle matters like ______.
Signup and view all the answers
The Civil Resolution Tribunal in BC was introduced to resolve disputes involving claims up to ______.
The Civil Resolution Tribunal in BC was introduced to resolve disputes involving claims up to ______.
Signup and view all the answers
Provincial superior courts generally hear cases involving claims that exceed ______ in BC.
Provincial superior courts generally hear cases involving claims that exceed ______ in BC.
Signup and view all the answers
The provincial and territorial courts primarily handle civil and ______ jurisdictions.
The provincial and territorial courts primarily handle civil and ______ jurisdictions.
Signup and view all the answers
In Canada, judges are not ______.
In Canada, judges are not ______.
Signup and view all the answers
Administrative tribunals have been established to make decisions in ______ areas.
Administrative tribunals have been established to make decisions in ______ areas.
Signup and view all the answers
In employment law, administrative tribunals have primary ______ over most matters.
In employment law, administrative tribunals have primary ______ over most matters.
Signup and view all the answers
Tribunals act in a ______-judicial manner.
Tribunals act in a ______-judicial manner.
Signup and view all the answers
Appeals to the courts from administrative tribunal decisions are usually limited by ______.
Appeals to the courts from administrative tribunal decisions are usually limited by ______.
Signup and view all the answers
A request to a court to review the decision of an administrative tribunal is called an application for ______.
A request to a court to review the decision of an administrative tribunal is called an application for ______.
Signup and view all the answers
The Alberta Court of King’s Bench and BC Supreme Court conduct ______.
The Alberta Court of King’s Bench and BC Supreme Court conduct ______.
Signup and view all the answers
In Alberta, the Labour Relations Board became the appeal body for parts of the Occupational Health and ______ Act.
In Alberta, the Labour Relations Board became the appeal body for parts of the Occupational Health and ______ Act.
Signup and view all the answers
Study Notes
Part I: The Legal Framework
- 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.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Related Documents
Description
Test your knowledge of the Canadian Charter of Rights and Freedoms and its implications for equality rights. This quiz covers key concepts, landmark cases, and important sections of the Charter. Discover how Supreme Court decisions shape the understanding of rights in Canada.
