Canadian Law Quiz

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Questions and Answers

What types of damages can be awarded to a plaintiff in a negligent misrepresentation situation?

Losses on real estate and job search costs

Only costs of a job search

Costs of relocation, job search, and emotional costs of distress (correct)

Emotional costs of distress and costs of relocation

Which court is the final court of appeal in Canada?

Federal Court of Appeal

Supreme Court of Canada (correct)

Provincial courts

Provincial courts of appeal

Under what circumstances does the Supreme Court of Canada hear appeals?

If granted leave to appeal due to general public importance (correct)

When cases involve unsolved criminal cases

Only when the case is seen as a violation of rights

Always hears every appeal filed

What is the role of the appeal system in the Canadian court structure?

It ensures higher courts can correct errors made by lower courts. Signup and view all the answers

Which statement is true regarding the hierarchy of courts in Canada?

Decisions from the Supreme Court bind all lower courts. Signup and view all the answers

What is the purpose of the BC Workers Compensation Act and the Alberta Workers’ Compensation Act?

To offer no-fault insurance for work-related injuries and diseases Signup and view all the answers

What does the Pay Transparency Act, effective in November 2023, aim to address in British Columbia?

Systemic discrimination in pay Signup and view all the answers

Which of the following acts is specifically mentioned as having no equivalent in Alberta?

Pay Transparency Act Signup and view all the answers

What legislation governs human rights and pay equity at the federal level?

Canadian Human Rights Act Signup and view all the answers

Which of these statements about the federal employment law is true?

It governs employees in industries of national importance. Signup and view all the answers

What is the main focus of the BC Occupational Health and Safety Regulation and the Alberta Occupational Health and Safety Act?

Establishing requirements for workplace safety Signup and view all the answers

Why are most employees in British Columbia and Alberta governed by provincial rather than federal employment law?

The Constitution Act, 1867 did not specify employment matters. Signup and view all the answers

Which statute covers employment standards and collective bargaining at the federal level?

Canada Labour Code Signup and view all the answers

What does the abbreviation 'R' refer to in Canadian legal citations?

Regina or Rex Signup and view all the answers

What is the primary purpose of a neutral citation in Canadian law?

To provide a unique identifier for cases Signup and view all the answers

In the example 'Starson v Swayze, 2003 SCC 32', what does 'SCC' represent?

Supreme Court of Canada Signup and view all the answers

What part of the neutral citation contains the year of the decision?

Core of the citation Signup and view all the answers

How often does the numbering sequence for court decisions restart?

Annually on January 1 Signup and view all the answers

Which of the following is NOT part of the neutral citation standard?

A case summary Signup and view all the answers

What is the docket reference in the citation 'R v Tschetter (7 May 2009), 080092455P10101-012 (ABPC)' used for?

To list the cases tried in Alberta Signup and view all the answers

Where can federal and provincial statutes and regulations be found?

On the Internet and in public libraries Signup and view all the answers

What has historically characterized the power dynamic between employers and employees under common law?

Employers generally have more bargaining power than employees. Signup and view all the answers

What was the typical role of courts in employment disputes under common law?

To interpret existing employment agreements. Signup and view all the answers

What motivated governments to intervene in employment relationships over time?

To address unacceptable labour market dynamics. Signup and view all the answers

What is a primary factor establishing a judge's jurisdiction?

Statute Signup and view all the answers

Which of the following areas has NOT been addressed by employment laws?

Bargaining power in global trade agreements. Signup and view all the answers

Which statement best describes the jurisdiction of the Alberta Human Rights Commission?

It can only address human rights issues within Alberta. Signup and view all the answers

What legislative change was introduced by the BC Liberal government in fall of 2002?

The introduction of the Pay Transparency Act. Signup and view all the answers

How has modern employment law shifted in focus compared to the common law of contract?

It is more about the relationship between employers and employees. Signup and view all the answers

What happens if a case involves parties from different provinces in Canada?

Jurisdiction is determined by where the alleged violation occurred. Signup and view all the answers

Which type of issue cannot be decided by the Human Rights Commission or Tribunal?

Occupational health and safety violations Signup and view all the answers

Which is NOT a factor affecting the evolution of employment law?

Corporate profits from a competitive market. Signup and view all the answers

What does the relationship between employers and employees under modern employment law aim to achieve?

A legal framework focused on fairness and rights. Signup and view all the answers

When is the issue of jurisdiction typically debated in court proceedings?

Before the main case is heard Signup and view all the answers

What role do judges' interpretations of legislation play in legal proceedings?

They may set precedents that affect later interpretations. Signup and view all the answers

What can an employee injured in the workplace potentially pursue under multiple laws?

Workers' compensation and human rights remedies Signup and view all the answers

Which of the following describes a limitation on judicial decision-making authority?

Jurisdiction is defined by existing statutes. Signup and view all the answers

What is the main issue with Bob's termination from his job?

Bob's performance reviews were satisfactory. Signup and view all the answers

What could be a likely outcome if Bob files a legal complaint after being terminated?

He is awarded pay in lieu of notice and severance. Signup and view all the answers

What reason led to Sahana being suspended from work?

She refused unsafe working conditions. Signup and view all the answers

What was the reason given for Felix's termination?

He attempted to unionize his coworkers. Signup and view all the answers

How did the employer respond to Bob's situation?

By claiming downsizing as justification. Signup and view all the answers

In what province did Viktor work when he was terminated?

Alberta Signup and view all the answers

What is a potential remedy for Sahana if she challenges her suspension?

Payment for the duration of her suspension. Signup and view all the answers

What distinguishes Felix's case in relation to union activities?

His firing occurred shortly after attempts to unionize. Signup and view all the answers

Study Notes

Part I: The Legal Framework

This textbook provides an overview of employment law, including statutes, how law evolves, and judicial/administrative roles in interpretation and enforcement.
Workers in Alberta and British Columbia are subject to different laws based on location, type of work, and employment classification (employee, contractor, unionized, non-unionized).
Federal law governs certain industries, overriding provincial legislation.
Chapter 2 discusses common law (judge-made) employment law, highlighting distinctions between employees and independent contractors and their legal implications.
Chapter 3 analyzes labour relations codes in Alberta and British Columbia, regulating unionization, collective bargaining, and employer-employee disputes in unionized environments.
Chapter 4 offers an overview of the Canada Labour Code, a unique federal statute covering industries of national interest. It includes provisions for unionized and non-unionized workplaces, occupational health and safety, and minimum employment standards.

Overview of Employment Law

Three main sources of employment law: statute, constitutional, and common law.
Employment law is dynamic and changes due to societal values and technology.
Distinctions between provincial and federal employment law jurisdiction.
The Canadian Charter of Rights and Freedoms is relevant to employment law.
Relevant statutes of British Columbia, Alberta, and federal law are critical for understanding employment issues.
Judicial and administrative systems interpret and apply employment laws.

Introduction

Chapter 1 provides essential context for specific laws by covering the legislative and judicial structure of employment law.
Employment law is made, interpreted, and enforced in different ways.
Understanding the sources is critical for successful implementation in the workplace.

Sources of Employment Law

Three primary sources: statute law, constitutional law, and common law.
Importance of each depends on the specific employment law being applied.
The Canadian Charter of Rights and Freedoms influences employment law interpretations.
The common law can gradually adapt statute-based principles, especially in wrongful dismissal actions.

Statute Law

Statutes are passed by federal or provincial governments; referred to also as legislation, codes, or acts.
Statutes are created to provide specific employment protections and rights beyond existing common law provisions.
Examples of statutes include the Alberta Human Rights Act and the British Columbia Human Rights Code.
Governments pass and amend statutes to reflect societal changes and priorities.

How Statutes are Made: The Legislative Process

Statutes, especially in provincial contexts, usually undergo three readings in the legislature, passing the House of Commons in federal contexts.
Public bills are introduced by Cabinet ministers and relate to broad policy areas.
Private bills focus on specific, non-public issues.
Private members' bills are initiated by individual members of the legislature.
A statute becomes effective after receiving royal assent.

Statutory Jurisdiction and Interpretation

Judges and tribunal members have defined jurisdictional scopes under statute.
Courts interpret statutes when adjudicating cases, relying sometimes on existing precedents.
The "mischief rule" is one tool for interpreting legislation.

Court Uses Mischief Rule to Interpret Statute

Courts use the mischief rule to determine the intent behind legislation.
Employement law courts make decisions based on existing legal precedent.

Federal jurisdiction is limited to areas of national importance (e.g., transportation, communications).
Provincial governments govern most employment law matters within their jurisdiction.
Municipalities have limited powers over workplace-related issues.

Key BC and Alberta Employment Statutes

The BC Employment Standards Act and the Alberta Employment Standards Code set minimum employment rights (e.g., minimum wage, vacation, leave).

Federal and Provincial Employment Statutes

Canada Labor Code impacts federally-regulated businesses.
Canadian Human Rights Act protects against prohibited grounds of discrimination.

Constitutional Law: The Canadian Charter of Rights and Freedoms

The Charter of Rights and Freedoms guarantees certain rights and freedoms.
The Charter's equality rights influence employment law, impacting government and private sector action.
In deciding cases involving claimed violations of the Charter, judges must examine whether the government action was a "reasonable limit" on the right.

Section 33: The Notwithstanding Clause

This section allows the federal/provincial governments to enact legislation notwithstanding the Charter, which requires renewal every 5 years..
There are cases where courts have found this section to be appropriate in cases of urgent need..

Common Law

Common law is developed through court decisions, filling gaps where statutes are silent.
Common law principles of contract and tort shape employer-employee relations.
Precedents are critical to maintaining consistency in legal decisions within common law.

Branch of Common Law – Contract Law

Employment contracts are legally binding contracts, containing specific and implied terms and conditions of employment, and legal precedents for dealing with them.
The term "just cause" is critical to understanding dismissal procedures and precedents.

Branch of Common Law – Tort Law

Tort law covers wrongs and damages caused independent of contract.
Cases often center around situations of intentional or accidental negligence..

Judicial Framework: The Court System

Courts exist at multiple levels: Supreme Court, provincial courts, court of appeals, administrative tribunals and other specialized civil and criminal courts.
Decisions at higher court levels usually bind lower court decisions–this is known as “stare decisis.”
Decisions from the highest court create binding precedent.

Administrative Tribunals

Tribunals offer specialized dispute resolution in areas like employment standards and discrimination.
Tribunal members are often experts in their respective areas and have an important role in adjudication.
Tribunals, while inferior to courts in hierarchy, have authority to deal with certain disputes

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Description

Test your knowledge of Canadian law with this quiz covering topics such as negligent misrepresentation, court hierarchies, and various Canadian acts. Explore the functions of the Supreme Court of Canada, compensation acts, and employment legislation. Prepare to dive deep into the legal frameworks governing British Columbia and Alberta.