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.
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 ______.
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.
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 ______.
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.
The Meiorin case reached a watershed decision in ______
The Meiorin case reached a watershed decision in ______
In the Meiorin case, the Court redirected its interpretation of ______ legislation.
In the Meiorin case, the Court redirected its interpretation of ______ legislation.
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.
Watershed decisions occur with some frequency in the ______ arena.
Watershed decisions occur with some frequency in the ______ arena.
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.
The relationship between employers and employees is fundamentally ______.
The relationship between employers and employees is fundamentally ______.
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.
Collective agreements cover the relationship between employers and ______ employees.
Collective agreements cover the relationship between employers and ______ employees.
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 ______.
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.
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.
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 ______.
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.
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 ______.
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.
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.
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.
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 ______.
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.
Regulations are as legally binding as the ______ that enables them.
Regulations are as legally binding as the ______ that enables them.
______ or members of administrative tribunals interpret legislation while adjudicating cases.
______ or members of administrative tribunals interpret legislation while adjudicating cases.
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 ______.
Regulations are published in the British Columbia Gazette and the Alberta ______.
Regulations are published in the British Columbia Gazette and the Alberta ______.
The adjudicators appointed ______ to a statute interpret legislation while adjudicating cases.
The adjudicators appointed ______ to a statute interpret legislation while adjudicating cases.
The highest court in Canada is the ______.
The highest court in Canada is the ______.
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.
The Alberta Court of Appeal serves as the court of appeal for ______.
The Alberta Court of Appeal serves as the court of appeal for ______.
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.
Each province has courts of special jurisdiction that handle matters like ______.
Each province has courts of special jurisdiction that handle matters like ______.
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 ______.
Provincial superior courts generally hear cases involving claims that exceed ______ in BC.
Provincial superior courts generally hear cases involving claims that exceed ______ in BC.
The provincial and territorial courts primarily handle civil and ______ jurisdictions.
The provincial and territorial courts primarily handle civil and ______ jurisdictions.
In Canada, judges are not ______.
In Canada, judges are not ______.
Administrative tribunals have been established to make decisions in ______ areas.
Administrative tribunals have been established to make decisions in ______ areas.
In employment law, administrative tribunals have primary ______ over most matters.
In employment law, administrative tribunals have primary ______ over most matters.
Tribunals act in a ______-judicial manner.
Tribunals act in a ______-judicial manner.
Appeals to the courts from administrative tribunal decisions are usually limited by ______.
Appeals to the courts from administrative tribunal decisions are usually limited by ______.
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 ______.
The Alberta Court of King’s Bench and BC Supreme Court conduct ______.
The Alberta Court of King’s Bench and BC Supreme Court conduct ______.
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.
Flashcards
Regulations
Regulations
Legal rules created under the authority of a statute, providing details on how to implement or administer the statute.
Statutes
Statutes
A collection of laws passed by a legislature.
CanLII
CanLII
A website offering up-to-date versions of employment-related statutes for each province in Canada.
Jurisdiction
Jurisdiction
Signup and view all the flashcards
Statutory Interpretation
Statutory Interpretation
Signup and view all the flashcards
Administrative Tribunals
Administrative Tribunals
Signup and view all the flashcards
Jurisdictional Analysis
Jurisdictional Analysis
Signup and view all the flashcards
Provincial Gazettes (e.g., British Columbia Gazette)
Provincial Gazettes (e.g., British Columbia Gazette)
Signup and view all the flashcards
Reasonable Limits in the Charter
Reasonable Limits in the Charter
Signup and view all the flashcards
R v Oakes
R v Oakes
Signup and view all the flashcards
Oakes Test
Oakes Test
Signup and view all the flashcards
Pressing and Substantial Objective
Pressing and Substantial Objective
Signup and view all the flashcards
Rational Connection
Rational Connection
Signup and view all the flashcards
Minimal Impairment
Minimal Impairment
Signup and view all the flashcards
Benefits Outweighing Harms
Benefits Outweighing Harms
Signup and view all the flashcards
Burden of Proof
Burden of Proof
Signup and view all the flashcards
Pay in lieu of notice
Pay in lieu of notice
Signup and view all the flashcards
Just cause for dismissal
Just cause for dismissal
Signup and view all the flashcards
Just cause requirement
Just cause requirement
Signup and view all the flashcards
Individual employment contract
Individual employment contract
Signup and view all the flashcards
Wrongful dismissal action
Wrongful dismissal action
Signup and view all the flashcards
Collective agreement
Collective agreement
Signup and view all the flashcards
Reinstatement
Reinstatement
Signup and view all the flashcards
Termination of employment in non-unionized workplace
Termination of employment in non-unionized workplace
Signup and view all the flashcards
What is the highest court in Canada?
What is the highest court in Canada?
Signup and view all the flashcards
What type of legal issues does the Court Martial Appeal Court handle?
What type of legal issues does the Court Martial Appeal Court handle?
Signup and view all the flashcards
What role do Provincial/Territorial Courts of Appeal play?
What role do Provincial/Territorial Courts of Appeal play?
Signup and view all the flashcards
What is the primary trial court in each Canadian province?
What is the primary trial court in each Canadian province?
Signup and view all the flashcards
What types of cases do Provincial/Territorial Courts handle?
What types of cases do Provincial/Territorial Courts handle?
Signup and view all the flashcards
What are Administrative Tribunals?
What are Administrative Tribunals?
Signup and view all the flashcards
What is the Federal Court of Appeal's purpose?
What is the Federal Court of Appeal's purpose?
Signup and view all the flashcards
What legal issues does the Federal Court address?
What legal issues does the Federal Court address?
Signup and view all the flashcards
Meiorin Case
Meiorin Case
Signup and view all the flashcards
Watershed Decision
Watershed Decision
Signup and view all the flashcards
Contract Law in Employment
Contract Law in Employment
Signup and view all the flashcards
Contract Law
Contract Law
Signup and view all the flashcards
Employment Contract
Employment Contract
Signup and view all the flashcards
Tort Law in Employment
Tort Law in Employment
Signup and view all the flashcards
Privative Clause
Privative Clause
Signup and view all the flashcards
Judicial Review
Judicial Review
Signup and view all the flashcards
Common Law
Common Law
Signup and view all the flashcards
Procedural Fairness
Procedural Fairness
Signup and view all the flashcards
Application for Judicial Review
Application for Judicial Review
Signup and view all the flashcards
Wrongful Dismissal
Wrongful Dismissal
Signup and view all the flashcards
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.