Canadian Employment Law Overview

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Questions and Answers

Which act is considered to be supreme law and can override inconsistent legislation?

Employment Equity Act

Canada Labour Code

Canadian Charter of Rights and Freedoms (correct)

Personal Information Protection and Electronic Documents Act

What does Section 15(1) of the Canadian Charter of Rights and Freedoms primarily guarantee?

Right to free speech

Right to public education

Equal protection and equal benefit of the law without discrimination (correct)

Freedom from unreasonable search and seizure

In the case of Vriend v Alberta, what was the main issue regarding Delwin Vriend's dismissal?

He failed to maintain his teaching certification.

He was terminated for poor performance evaluations.

His sexual orientation was not a protected ground in human rights legislation. (correct)

He filed a false claim against his employer.

Which of the following acts is specifically focused on protecting personal information?

Personal Information Protection and Electronic Documents Act (PIPEDA) Signup and view all the answers

Which of the following rights is NOT explicitly mentioned in Section 15(1) as a ground for discrimination?

Wealth Signup and view all the answers

What significant action did the Supreme Court of Canada take in the Vriend case?

It ruled that sexual orientation must be included as a protected ground. Signup and view all the answers

Which document sets out a wide range of equality rights in Canada?

Canadian Charter of Rights and Freedoms Signup and view all the answers

The equality rights under the Canadian Charter of Rights and Freedoms apply primarily to which of the following?

Government activities Signup and view all the answers

What is required to establish a tort claim?

Duty of care, Breach of duty, Causation, Harm Signup and view all the answers

Which of the following is NOT a type of damage provided for in tort law?

Breach of contract Signup and view all the answers

Which of the following statements is true regarding the Charter's effect on employment law?

The Charter allows for reasonable limits on rights in a democratic society. Signup and view all the answers

What is a characteristic of administrative tribunals?

They act in a quasi-judicial manner with experts. Signup and view all the answers

Which court is at the top of the hierarchical court system in Canada?

Supreme Court of Canada Signup and view all the answers

What does Oakes’ Test determine in the context of employment law?

If a law infringing on a Charter right is reasonable and justified. Signup and view all the answers

What is the main reason legislative schemes differentiate between employees and independent contractors?

To provide benefits to employees Signup and view all the answers

Under the common law, how is a watershed decision primarily characterized?

A significant ruling that influences the status of an issue under the law. Signup and view all the answers

Which resource is NOT recommended for locating employment laws?

General Social Media Platforms Signup and view all the answers

What defines tort law?

It addresses private non-criminal wrongs. Signup and view all the answers

Which level of government in Canada is primarily responsible for covering about 90 percent of employees?

Provincial government Signup and view all the answers

What is a key requirement for a valid contract according to common law?

The contract requires an offer, acceptance, and consideration. Signup and view all the answers

Administrative tribunals primarily handle which of the following?

Employment-related issues Signup and view all the answers

Which of the following industries is primarily covered by the federal government in Canada according to the content?

Banking and shipping Signup and view all the answers

Which of the following is true regarding implied terms in an employment agreement under common law?

Implied terms are assumed to exist even if not written in the agreement. Signup and view all the answers

Which of the following is true regarding specialized tribunals?

They have primary jurisdiction over most employment matters. Signup and view all the answers

In the context of the common law, what does 'Stare Decisis' refer to?

The principle that previous court decisions should guide current case rulings. Signup and view all the answers

What is one function of municipal governments in relation to employee laws?

They can pass bylaws affecting employers and employees Signup and view all the answers

Which section of the Charter allows for the possibility of overriding laws that infringe on rights?

Section 33 Signup and view all the answers

Which act is associated with Alberta's employment statutes?

Employment Standards Code Signup and view all the answers

What is the role of damages in contract law under common law?

To put the plaintiff in the same position they would have been in if the contract had not been breached. Signup and view all the answers

How does the FIRA approach assist in legal analysis?

It provides a framework for organizing information and analysis Signup and view all the answers

Which of the following is NOT listed as a key employment statute in British Columbia?

Employment Standards Code Signup and view all the answers

Why is it important for decision makers to consider the benefits of outsourcing work?

It may lead to potential abuses of the independent contractor classification Signup and view all the answers

What are the three main sources of employment law?

Statute law, Constitutional law, Common law Signup and view all the answers

Which of the following is NOT a typical subject covered by employment law statutes?

Corporate tax rates Signup and view all the answers

Which stage in the process of making statute law involves debating the principle of the bill?

Second reading Signup and view all the answers

What role does the Canadian Charter of Rights and Freedoms play in employment law?

It serves as a source of constitutional law affecting employment rights Signup and view all the answers

Which of the following best defines 'common law' in the context of employment law?

Writings and interpretations made by judges in previous cases Signup and view all the answers

What is a primary reason for the creation of employment law statutes?

To protect workers from the power imbalance with employers Signup and view all the answers

Private Members' Bills are often related to which of the following?

Legislation proposed by individual legislators not in the government Signup and view all the answers

Which aspect has seen an expansion within workers' protections recently?

Anti-discrimination and anti-harassment protections Signup and view all the answers

Study Notes

Supreme Law and Charter of Rights and Freedoms

The Canadian Charter of Rights and Freedoms is considered the supreme law in Canada, and any law inconsistent with it is of no force or effect.
Section 15(1) of the Charter guarantees equality rights and prohibits discrimination based on various grounds, including race, national or ethnic origin, colour, religion, sex, age, or mental or physical disability.

Vriend v Alberta

Vriend v Alberta involved the dismissal of Delwin Vriend from his job due to his sexual orientation.
The Supreme Court of Canada ruled that Alberta's Human Rights Act should include sexual orientation as a ground for discrimination, extending the protection of the Charter to this group.

Personal Information Protection

The Personal Information Protection and Electronic Documents Act (PIPEDA) is specifically designed to safeguard personal information.

Equality Rights and Discrimination

Section 15(1) of the Charter does not explicitly mention marital status, which stands as a ground for discrimination under other laws.

Supreme Court of Canada Action

The Supreme Court of Canada declared the Alberta Human Rights Act unconstitutional for excluding sexual orientation as a prohibited ground for discrimination in Vriend v Alberta.

Equality Rights: Scope and Source

The Canadian Charter of Rights and Freedoms sets out a broad range of equality rights that apply primarily to government actions.

Tort Law: Basics

A tort claim requires the plaintiff to demonstrate the defendant breached a duty of care, leading to damages.

Damages in Tort Law

Punitive damages, aimed at discouraging future wrongdoing by the defendant, are not a type of damage typically provided for in tort law.

Charter's Impact on Employment Law

The Charter has a significant influence on employment law, shaping the interpretation and application of employment-related legislation.

Administrative Tribunals

Administrative tribunals are characterized by their specialized expertise in specific areas and their independence from government agencies.

Court Hierarchy

The Supreme Court of Canada sits at the apex of the Canadian court system, with jurisdiction over all matters arising from lower courts.

Oakes' Test in Employment Law

Oakes' Test helps determine whether a law or government action that infringes on a Charter right is justified in a free and democratic society.

Employee vs. Independent Contractor

Legislative schemes differentiate between employees and independent contractors to create distinct legal frameworks for each group.

Watershed Decisions in Common Law

Watershed decisions are landmark rulings that significantly impact the development and application of legal principles.

Resources for Locating Employment Laws

Municipal ordinances are NOT considered a primary resource for finding employment laws.

Definition of Tort Law

Tort law deals with civil wrongs committed by one person against another, leading to legal liability.

Government Responsibility for Employment Law

Provincial governments are primarily responsible for covering approximately 90% of employees under employment laws.

Contracts: Key Requirements

Offer and acceptance are essential elements of a valid contract under common law.

Administrative Tribunals: Jurisdiction

Administrative tribunals are primarily responsible for handling regulatory and administrative matters related to specific areas like employment.

Federal Government Coverage

The federal government primarily covers transportation and communication industries according to the content provided.

Implied Terms in Employment Agreements

Implied terms in employment agreements under common law are based on the intent of the parties and the circumstances surrounding the agreement.

Specialized Tribunals

Specialized tribunals are established to address issues within specific industries or areas, contributing to efficient handling of specialized cases.

Stare Decisis in Common Law

Stare Decisis, a fundamental principle in common law, involves following precedent set by higher courts in similar cases.

Municipal Government Role

Municipal governments play a role in enforcing certain employment laws related to health and safety within their jurisdiction.

Overriding Rights Infringement

Section 1 of the Canadian Charter of Rights and Freedoms provides a mechanism for overriding laws that infringe on rights based on a "reasonable limit" test.

Employment Statutes in Alberta

The Employment Standards Code is the primary statute governing employment in Alberta.

Damages in Contract Law

Damages in contract law aim to compensate the injured party for losses arising from a breach of contract.

FIRA Approach

The FIRA approach helps analyze legal issues by breaking them down into factors such as facts, issues, rules, analysis, and remedies, providing a structured framework for legal analysis.

Key Employment Statutes in British Columbia

The Employment Standards Act, Workers Compensation Act, Human Rights Code, and Labour Relations Code are key employment statutes in British Columbia, not the Privacy Act.

Benefits of Outsourcing work

A key benefit of outsourcing work for decision-makers is the potential cost savings associated with hiring external contractors.

Sources of Employment Law

Statutes, common law, and the Canadian Charter of Rights and Freedoms constitute the major sources of employment law.

Subjects Covered by Employment Law Statutes

Tax law is not typically covered by employment law statutes.

Stages in Statute Law Creation

The second reading of a bill involves debating the principle of the bill.

Charter's Role in Employment Law

The Canadian Charter of Rights and Freedoms plays a significant role in influencing and shaping employment law, ensuring the principles of equality and fundamental rights are upheld.

'Common Law' in Employment Context

'Common law' in employment law refers to judge-made law established through legal precedent and court decisions.

Creation of Employment Law Statutes

A primary reason for the creation of employment law statutes is to regulate the employment relationship and protect workers' rights.

Private Members' Bills

Private Members' Bills are often related to social and political causes championed by individual members of parliament.

Expansion of Worker’s Rights

Workers' right to disconnect has seen recent expansion in terms of protections.

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Description

This quiz explores key concepts of Canadian employment law, focusing on the benefits of outsourcing, the FIRA approach, and the structure of government affecting employment. Participants will also learn about employment statutes in Alberta and BC.