Podcast
Questions and Answers
Which one of the following employers is covered by the Canada Labour Code?
Which one of the following employers is covered by the Canada Labour Code?
- a bank (correct)
- a mining company
- a book store
- a hair styling salon
The "common law" refers to law that is:
The "common law" refers to law that is:
- made by judges (correct)
- passed by a legislature
- common to both private and public sector employees
To become a statute, a provincial bill must:
To become a statute, a provincial bill must:
- pass two readings in the provincial legislature
- receive royal assent (correct)
- pass three readings in the provincial legislature
- pass a vote in the Senate
The Canadian Charter of Rights and Freedoms applies:
The Canadian Charter of Rights and Freedoms applies:
Most employment statutes in Alberta and British Columbia are interpreted and enforced by:
Most employment statutes in Alberta and British Columbia are interpreted and enforced by:
A bill in the provincial legislature goes to committee after:
A bill in the provincial legislature goes to committee after:
"Statute law" refers to:
"Statute law" refers to:
In common law, the non-union employment relationship is viewed as being:
In common law, the non-union employment relationship is viewed as being:
Which of the following people are covered by some or all of the standards in the employment standards legislation in Alberta or British Columbia?
Which of the following people are covered by some or all of the standards in the employment standards legislation in Alberta or British Columbia?
The Canadian Charter of Rights and Freedoms can be used to strike down employment laws that are found to contravene its requirements because:
The Canadian Charter of Rights and Freedoms can be used to strike down employment laws that are found to contravene its requirements because:
The "notwithstanding clause" in the Canadian Charter of Rights and Freedoms allows the federal or provincial governments to enact legislation that infringes the Charter if:
The "notwithstanding clause" in the Canadian Charter of Rights and Freedoms allows the federal or provincial governments to enact legislation that infringes the Charter if:
If you work in a grocery store in Lethbridge, Alberta, you are covered by:
If you work in a grocery store in Lethbridge, Alberta, you are covered by:
A privative clause:
A privative clause:
Section 15 of the Canadian Charter of Rights and Freedoms guarantees people in Canada:
Section 15 of the Canadian Charter of Rights and Freedoms guarantees people in Canada:
Whether your workplace is covered by provincial or federal employment laws depends on:
Whether your workplace is covered by provincial or federal employment laws depends on:
Which one of the following originates with the provincial legislature?
Which one of the following originates with the provincial legislature?
A judge in British Columbia is hearing a dispute over an employment contract. The lawyer representing the plaintiff points to a case from Alberta that covers exactly the same issue and supports her client's position. In this situation, this case would be:
A judge in British Columbia is hearing a dispute over an employment contract. The lawyer representing the plaintiff points to a case from Alberta that covers exactly the same issue and supports her client's position. In this situation, this case would be:
The Supreme Court of Canada decision in Vriend v Alberta is notable because in that decision:
The Supreme Court of Canada decision in Vriend v Alberta is notable because in that decision:
The Supreme Court of Canada set the test for determining whether a law that limits a Charter right was a reasonable limit in the following case:
The Supreme Court of Canada set the test for determining whether a law that limits a Charter right was a reasonable limit in the following case:
Under the common law cases are decided by judges on the basis of precedent. Another term for precedent is:
Under the common law cases are decided by judges on the basis of precedent. Another term for precedent is:
A dispute arises between two parties to a contract and the aggrieved party must decide how to initiate legal proceedings. Selecting the proper forum is important because:
A dispute arises between two parties to a contract and the aggrieved party must decide how to initiate legal proceedings. Selecting the proper forum is important because:
The employees of a company that is incorporated under the laws of Canada will be covered by federal employment legislation.
The employees of a company that is incorporated under the laws of Canada will be covered by federal employment legislation.
Governments that use the notwithstanding clause in the Canadian Charter of Rights and Freedoms must renew this declaration every five years or it will no longer be effective.
Governments that use the notwithstanding clause in the Canadian Charter of Rights and Freedoms must renew this declaration every five years or it will no longer be effective.
Applications for judicial review of the decisions of administrative tribunals are rarely successful.
Applications for judicial review of the decisions of administrative tribunals are rarely successful.
In Canada, the federal and provincial governments appoint judges; they are not elected.
In Canada, the federal and provincial governments appoint judges; they are not elected.
Statute law is the part of the law that has developed through the decisions of judges.
Statute law is the part of the law that has developed through the decisions of judges.
All employees who work in Alberta are covered by Alberta's employment legislation.
All employees who work in Alberta are covered by Alberta's employment legislation.
In the case of Smith v Jones, Smith is the plaintiff (the person bringing the action against the other party) and Jones is the defendant.
In the case of Smith v Jones, Smith is the plaintiff (the person bringing the action against the other party) and Jones is the defendant.
Tort law applies only where there is already a contractual relationship between the two parties.
Tort law applies only where there is already a contractual relationship between the two parties.
General requirements of law are contained in statutes, while more detailed, specific requirements are typically contained in the regulations.
General requirements of law are contained in statutes, while more detailed, specific requirements are typically contained in the regulations.
Federally regulated companies are those that are incorporated under the laws of Canada rather than under a provincial law.
Federally regulated companies are those that are incorporated under the laws of Canada rather than under a provincial law.
The BC Court of Appeal is the highest and final level of appeal for all disputes arising in BC.
The BC Court of Appeal is the highest and final level of appeal for all disputes arising in BC.
Stare decisis is a common law principle that requires lower courts to follow legal decisions of higher courts where similar issues are involved.
Stare decisis is a common law principle that requires lower courts to follow legal decisions of higher courts where similar issues are involved.
A "respondent" is the party opposing an appeal of a previous decision.
A "respondent" is the party opposing an appeal of a previous decision.
Employees of a federally regulated employer who work in Nova Scotia will be covered by the employment laws of Nova Scotia.
Employees of a federally regulated employer who work in Nova Scotia will be covered by the employment laws of Nova Scotia.
All pieces of provincial legislation automatically come into force on the day that they receive royal assent.
All pieces of provincial legislation automatically come into force on the day that they receive royal assent.
The Canadian Charter of Rights and Freedoms is part of Canada's Constitution.
The Canadian Charter of Rights and Freedoms is part of Canada's Constitution.
Where there is a conflict between the common law and statute law, the common law governs.
Where there is a conflict between the common law and statute law, the common law governs.
A tort occurs whenever there is a breach of contract.
A tort occurs whenever there is a breach of contract.
Private members' bills rarely pass.
Private members' bills rarely pass.
It is easier for a government to change a regulation than to change a statute.
It is easier for a government to change a regulation than to change a statute.
All bills require royal assent before they can become a statute.
All bills require royal assent before they can become a statute.
In employment law, administrative tribunals have primary jurisdiction over most matters.
In employment law, administrative tribunals have primary jurisdiction over most matters.
What primarily establishes the jurisdiction of judges and tribunal members?
What primarily establishes the jurisdiction of judges and tribunal members?
How does the jurisdiction of the Alberta Human Rights Commission differ from that of the BC Human Rights Tribunal?
How does the jurisdiction of the Alberta Human Rights Commission differ from that of the BC Human Rights Tribunal?
What type of issues are judges and tribunal members prohibited from deciding?
What type of issues are judges and tribunal members prohibited from deciding?
In a situation where multiple statutes may apply, which type of legislation could provide remedies for an injured employee wishing to return to work?
In a situation where multiple statutes may apply, which type of legislation could provide remedies for an injured employee wishing to return to work?
Who normally decides whether a judge or tribunal member has the jurisdiction to hear a case?
Who normally decides whether a judge or tribunal member has the jurisdiction to hear a case?
What effect can a judge's interpretation of legislation have on future legal matters?
What effect can a judge's interpretation of legislation have on future legal matters?
Which limitation applies to the decisions made by administrative tribunals?
Which limitation applies to the decisions made by administrative tribunals?
What determines whether a judge or tribunal member can hear a specific case involving multiple jurisdictions?
What determines whether a judge or tribunal member can hear a specific case involving multiple jurisdictions?
What was the main legal issue considered by the Supreme Court of Canada in Vriend's case?
What was the main legal issue considered by the Supreme Court of Canada in Vriend's case?
What was the Supreme Court's conclusion regarding the treatment of homosexuals and heterosexuals under Alberta's human rights legislation?
What was the Supreme Court's conclusion regarding the treatment of homosexuals and heterosexuals under Alberta's human rights legislation?
How did the Supreme Court of Canada characterize the omission of protection for sexual orientation in the legislation?
How did the Supreme Court of Canada characterize the omission of protection for sexual orientation in the legislation?
What approach did the Supreme Court take in the Vriend case regarding human rights law?
What approach did the Supreme Court take in the Vriend case regarding human rights law?
According to the Supreme Court's ruling, which group was specifically recognized in need of legal protection?
According to the Supreme Court's ruling, which group was specifically recognized in need of legal protection?
What argument by the Alberta government was rejected by the Supreme Court?
What argument by the Alberta government was rejected by the Supreme Court?
What section of the Charter was central to the discussions in Vriend's case?
What section of the Charter was central to the discussions in Vriend's case?
What was the overall impact of the Supreme Court's decision for legislation in Alberta regarding sexual orientation?
What was the overall impact of the Supreme Court's decision for legislation in Alberta regarding sexual orientation?
What was the primary significance of the Supreme Court's decision in M v H?
What was the primary significance of the Supreme Court's decision in M v H?
How did the Vriend decision influence human rights legislation in Canada?
How did the Vriend decision influence human rights legislation in Canada?
Which piece of legislation was directly challenged by the M v H case for discriminating against same-sex partners?
Which piece of legislation was directly challenged by the M v H case for discriminating against same-sex partners?
What impact did the Supreme Court's ruling in M v H have on provincial and federal governments?
What impact did the Supreme Court's ruling in M v H have on provincial and federal governments?
In which year did the Supreme Court of Canada make its decision in M v H?
In which year did the Supreme Court of Canada make its decision in M v H?
What does section 15 of the Charter guarantee?
What does section 15 of the Charter guarantee?
What was one of the outcomes of the Vriend decision for Alberta's legislation?
What was one of the outcomes of the Vriend decision for Alberta's legislation?
What common legal principle did the M v H case reinforce in relation to family law?
What common legal principle did the M v H case reinforce in relation to family law?
What is the key criterion for justifying a limitation of Charter rights under section 1?
What is the key criterion for justifying a limitation of Charter rights under section 1?
Which of the following is NOT a part of the test set out in R v Oakes for determining reasonable limits?
Which of the following is NOT a part of the test set out in R v Oakes for determining reasonable limits?
Who bears the burden of proof to demonstrate that an infringement of Charter rights is justified?
Who bears the burden of proof to demonstrate that an infringement of Charter rights is justified?
What happens if a law does not pass all parts of the Oakes test?
What happens if a law does not pass all parts of the Oakes test?
What is meant by 'minimal impairment' as one of the criteria in the Oakes test?
What is meant by 'minimal impairment' as one of the criteria in the Oakes test?
Which of the following best describes the term 'proportionality' in the context of the Oakes test?
Which of the following best describes the term 'proportionality' in the context of the Oakes test?
How does the 'reasonable limits' provision of the Charter impact individual rights?
How does the 'reasonable limits' provision of the Charter impact individual rights?
In the case of R v Oakes, what is identified as a pressing and substantial government objective?
In the case of R v Oakes, what is identified as a pressing and substantial government objective?
What role did King Henry II play in the development of common law?
What role did King Henry II play in the development of common law?
What is the principle of stare decisis intended to achieve?
What is the principle of stare decisis intended to achieve?
What might cause a court to circumvent legal precedent?
What might cause a court to circumvent legal precedent?
Which scenario could lead to a watershed case in common law?
Which scenario could lead to a watershed case in common law?
What does the term 'case law' refer to in the context of common law?
What does the term 'case law' refer to in the context of common law?
What often leads to legal inconsistencies in common law?
What often leads to legal inconsistencies in common law?
What typically occurs when decisions are appealed to higher courts?
What typically occurs when decisions are appealed to higher courts?
What is a potential reason for a court to depart from precedent?
What is a potential reason for a court to depart from precedent?
What standard must employers meet when defending a discriminatory job rule as established by the Meiorin case?
What standard must employers meet when defending a discriminatory job rule as established by the Meiorin case?
Which branches of law are fundamental in shaping the employment relationship?
Which branches of law are fundamental in shaping the employment relationship?
In what situation can an employer refuse to accommodate an employee under the guidelines established by the Supreme Court?
In what situation can an employer refuse to accommodate an employee under the guidelines established by the Supreme Court?
What is a key difference between individual employment contracts and collective agreements?
What is a key difference between individual employment contracts and collective agreements?
Which of the following statements about the Meiorin decision is true?
Which of the following statements about the Meiorin decision is true?
What role does contract law play in employment relationships?
What role does contract law play in employment relationships?
What can lead to changes in the direction of case law in employment law?
What can lead to changes in the direction of case law in employment law?
What is typically not included as part of the contractual relationship in employment law?
What is typically not included as part of the contractual relationship in employment law?
Flashcards
Common Law
Common Law
Law that is established by judges through their rulings in cases, rather than through legislation
Statute Law
Statute Law
Law that is passed by a legislative body, such as Parliament or a provincial legislature, and is written down in a statute
Statute
Statute
A law passed by a legislative body, like Parliament or a provincial legislature
Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
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Appeal
Appeal
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Stare Decisis
Stare Decisis
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Ex Post Facto
Ex Post Facto
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Civil Law
Civil Law
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Tort Law
Tort Law
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Jurisdiction
Jurisdiction
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Regulations
Regulations
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Privative Clause
Privative Clause
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Specialized Tribunal
Specialized Tribunal
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Plaintiff
Plaintiff
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Defendant
Defendant
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Respondent
Respondent
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Judicial Review
Judicial Review
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Equality Rights
Equality Rights
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Policy
Policy
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Contract
Contract
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Wrongful Dismissal
Wrongful Dismissal
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Statutory Interpretation
Statutory Interpretation
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Persuasive Precedent
Persuasive Precedent
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Distinguishable Case
Distinguishable Case
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Analogy
Analogy
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Precedent
Precedent
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Retroactive Law
Retroactive Law
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Evolution of the Law
Evolution of the Law
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Constitutional Validity
Constitutional Validity
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Equality before the Law
Equality before the Law
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Jurisdictional Dispute
Jurisdictional Dispute
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Reading in
Reading in
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Legislative Omission
Legislative Omission
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Vriend Decision
Vriend Decision
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Formal Equality
Formal Equality
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Charter Rights & Reasonable Limits
Charter Rights & Reasonable Limits
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Oakes Test
Oakes Test
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Pressing & Substantial Government Objective
Pressing & Substantial Government Objective
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Proportionality
Proportionality
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Burden of Proof
Burden of Proof
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Unconstitutional Law
Unconstitutional Law
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Watershed Case
Watershed Case
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Case Law
Case Law
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Depart from precedent
Depart from precedent
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Watershed Decision
Watershed Decision
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Accommodation
Accommodation
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Employment Contract
Employment Contract
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Contract Law
Contract Law
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Collective Agreement
Collective Agreement
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Study Notes
Employment Law Overview
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Canada Labour Code: Covers specific industries and employers, but not all. Examples include businesses in transportation, telecommunications, banking, and the government of Canada
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Common Law: Judge-made law, contrasted with statute law.
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Statute Law: Created by legislatures; requires multiple readings and royal assent for enactment. Provincial vs. federal jurisdictions; and relevant bodies for certain types of employment.
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Canadian Charter of Rights and Freedoms: Applies to government actions and conduct, impacting equality rights. It doesn't apply to all interactions but has a significant impact on employment law.
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Employment Statutes (Alberta and BC): Interpreted and enforced by specialized tribunals/boards, frequently not courts. Coverage for specific employer/employee situations.
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Provincial Legislature Bill Process: defined stages: first reading, second reading, committee, third reading, royal assent to become legislation.
Additional Legal Concepts
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Statute Law vs. Common Law: Statute law (legislative body) vs. common law (judicial decisions). Conflict resolution approaches.
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Employment Standards Legislation: Defined standards across Alberta and BC. Specific statutory differences between provinces.
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Canadian Charter of Rights and Freedoms: Can be used to challenge employment laws, particularly those that infringe on equality rights.
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"Notwithstanding Clause": Allows limited exemptions to the Charter. Governments can invoke if necessary.
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Territorial Employment Laws: Covered depending on employer location and jurisdiction; different applications based on the province/territory.
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Tort Law: Branch of civil law addressing damages (wrongful conduct) and related grievances.
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Federal vs. Provincial: differing jurisdictions between federal and provincial governments. Relevant laws are enacted and enforced.
Judicial Processes
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Judicial Precedent (Stare Decisis): Decisions based on similar cases; mandatory for lower courts.
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Supreme Court Decisions: Sets precedent and interprets constitutional rights impacting employer/employee relationships.
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Administrative Tribunals (quasi-judicial): Handle many employment cases in a non-court setting with established precedence within their particular jurisdictions.
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Private vs. Public Entities: Different legal applications depending on the nature of the entity (e.g., private company vs. government agency vs. bank).
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Contract Law: Contractual relationship between employer/employee, important in employment law issues in relation to the application of implied terms, enforcement, and damages.
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Jurisdiction: Employment laws in certain situations apply to specific locations and jurisdictions.
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Court Systems: Alberta court system vs. BC court system, for example, different procedures for resolving disputes.
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Dispute Resolution: Various processes for resolving disputes (courts, administrative tribunals). Distinction between the use of statutes vs. common law is apparent.
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Legislation Review: Process for reviewing and updating statutes needed to understand the impact of newly created/amended laws relating to employers and employees.
Other Key Points
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Constitutional Law: The Canadian Charter of Rights and Freedoms is part of Constitutional law; its importance to employment law.
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Legal Definitions: Legal definitions of employment-related terms exist and can have different meanings from everyday usage. Statute vs. common law legal differences in specific contexts.
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Sources of Employment Law: Three main sources: statutes, common law, and Charter. Statutes have precedence over common law, and the Charter has precedence over statutes.
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Hierarchy of Laws: Constitutional law (the highest) > federal and provincial statutes > case law (common law). Implications for various types of cases and disputes.
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