Canadian Law Quiz

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.

What Level of Government Can Pass Employment-Related Statutes?

• 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

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.