Canadian Law and the Hospitality Sector

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Questions and Answers

Which of the following sectors are included in the hospitality and tourism sector?

  • Hotels
  • Restaurants
  • Nightclubs
  • VRBO/Airbnb
  • Casino
  • Tourism operators
  • All of the above (correct)

Enforceability distinguishes law from moral and ethical standards.

True (A)

Which of the following are categorizations of law?

  • Criminal law
  • Public law
  • International law
  • Private law
  • Only A and B (correct)

Which of the following is an example of public law?

<p>The Criminal Code (C)</p> Signup and view all the answers

Which of the following is an example of private law?

<p>Contracts (B)</p> Signup and view all the answers

What is a consequence of a breach of public law?

<p>prosecution to punish the offending party</p> Signup and view all the answers

What may a breach of private law consequence include?

<p>action for compensation</p> Signup and view all the answers

Which of the following are sources of law in Canada?

<p>All of the above (D)</p> Signup and view all the answers

Which act established the Dominion of Canada as a federation?

<p>Constitution Act, 1867 (A)</p> Signup and view all the answers

Which act transferred control of the constitution from the United Kingdom to Canada?

<p>Constitution Act, 1982 (B)</p> Signup and view all the answers

What does the Constitution Act, 1982 include?

<p>Both A and B (C)</p> Signup and view all the answers

What is subordinate legislation?

<p>municipal by-laws</p> Signup and view all the answers

Common law is written down as legislation.

<p>False (B)</p> Signup and view all the answers

Common law principles or standards must comply with the Constitution.

<p>True (A)</p> Signup and view all the answers

Which of the following is the highest court in Canada and does not conduct trials?

<p>Supreme Court (C)</p> Signup and view all the answers

How many Courts of Appeal does each province/territory have?

<p>One (B)</p> Signup and view all the answers

In the court system, where is authority divided?

<p>between Parliament and provincial legislatures</p> Signup and view all the answers

In the judiciary, what must a judge determine based on?

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

In the judiciary, what must a judge apply to the facts?

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

What three questions should you ask when answering a legal question?

<p>What has happened? What potential legal questions or issues arise? What is the applicable legal test or standard to determine liability?</p> Signup and view all the answers

Flashcards

Law

Enforceable rules governing relationships between individuals, organizations, and governments.

Public Law

Deals with conduct that is offensive to society (e.g., Criminal Code).

Private Law

Deals with disputes between individuals or organizations (e.g., contracts).

Breach of Public Law

Prosecution to punish the offender.

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Breach of Private Law

Action for compensation.

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Constitutional Statutes

The Constitution Act, 1867 and the Constitution Act, 1982.

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Legislation

Laws made by lawmaking bodies (Parliament, legislatures).

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Common Law

A system of law based on precedent.

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Constitution Act, 1867

Dominion of Canada as a federation.

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Constitution Act, 1982

Transferred control of the constitution from the UK to Canada.

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Subordinate Legislation

Laws created by municipalities.

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Common Law Limits

Must comply with the Constitution and legislation.

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Trial judge's decision

Determines outcome of the dispute.

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Judicial Fact-Finding

Determine facts based on evidence.

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Supreme Court of Canada

The highest court in Canada.

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Courts of Appeal

Appeals court for federal matters and each province/territory.

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Trial Courts

A system of courts in each province/territory where trials are conducted.

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Answering Legal Question

Figure out the applicable legal test.

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Bicameral

Two chambers or houses in the legislative branch.

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Stare Decisis

A body of legal precedents.

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Subordinate Legislation

Laws made by a lower authority.

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Judicial Application

Applies law to facts.

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Unicameral

One chamber or house in the legislative branch.

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Convention

Customary way of acting.

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Hospitality and tourism sector

Sector of hotels, and restaurants.

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Hospitality laws

Rights and obligations of customers and participants.

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Constitution Act, 1867

Act establishing Canada.

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Constitution Act, 1982

Transferring constitution control to Canada.

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Subordinate Legislation

Municipal by-laws.

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Trial Outcome

The judge's decision.

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Study Notes

  • This chapter provides an overview of Canada's legal landscape.
  • It covers what law is, the sources of Canadian law, the court and judicial system organization, and how to answer a legal question.

Introduction

  • The hospitality and tourism sector encompasses hotels, restaurants, nightclubs, VRBO/Airbnb, casinos, and tourism operators.
  • Customers and participants have rights and obligations, with extensive statutory and regulatory requirements in place.

Definition of Law

  • Law consists of enforceable rules that govern relationships among individuals, organizations, and governments.
  • Enforceability differentiates law from moral and ethical standards.
  • Law is categorized into public and private law.

Categorizations of Law

  • Public law examples include the Criminal Code and the Income Tax Act.
  • Private law includes contracts, property ownership, and damages between people or their property.
  • Breaching public law leads to prosecution, while breaching private law may result in actions for compensation.

Sources of Law

  • Constitutional statutes: the Constitution Act, 1867 and the Constitution Act, 1982
  • Legislation consists of laws made by lawmaking bodies.
  • Common law is a system of rules based on precedent.

The Constitution

  • Constitution Act, 1867 established Canada as a federation.
  • Constitution Act, 1982 transferred constitutional control from the United Kingdom to Canada.
  • The 1982 act includes the Charter of Rights and Freedoms and Aboriginal rights.

Legislation

  • Legislation results from the work of the Parliament of Canada and provincial/territorial legislatures.
  • Subordinate Legislation includes municipal by-laws.
  • The decision in Ontario Adult Entertainment Bar Association v Metropolitan Toronto, 1997, is relevant.

Common Law

  • Common law is not written down as legislation.
  • Common law principles must comply with the Constitution.
  • Common law cannot override legislation and can be changed by Parliament or provincial legislatures.

Court System and the Judiciary

  • Authority is divided here between Parliament and provincial legislatures.
  • The court system consists of Superior Courts, Inferior Courts, and Tribunals.

Court Structure

  • The Supreme Court is the highest court and does not conduct trials.
  • Courts of Appeal exist at the federal level, with each province/territory having one.
  • Trial Courts are a system of courts in each province/territory.

The Judiciary

  • A trial judge's decision determines the outcome of a dispute.
  • A judge must determine facts based on evidence and apply the law to those facts.
  • Key questions; what has happened? what potential legal questions arise? what is the applicable legal test to determine liability?

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A Guide to Hospitality and Tourism Law in Canada - Chapter 1

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