Employment Law Overview in Canada
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Questions and Answers

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:

  • made by judges (correct)
  • passed by a legislature
  • common to both private and public sector employees

    • 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:

    <p>only where there is some element of government action or conduct</p> Signup and view all the answers

    Most employment statutes in Alberta and British Columbia are interpreted and enforced by:

    <p>specialized tribunals and boards</p> Signup and view all the answers

    A bill in the provincial legislature goes to committee after:

    <p>second reading</p> Signup and view all the answers

    "Statute law" refers to:

    <p>law passed by a legislative body</p> Signup and view all the answers

    In common law, the non-union employment relationship is viewed as being:

    <p>based in contract law</p> Signup and view all the answers

    Which of the following people are covered by some or all of the standards in the employment standards legislation in Alberta or British Columbia?

    <p>a unionized construction worker in Kelowna</p> Signup and view all the answers

    The Canadian Charter of Rights and Freedoms can be used to strike down employment laws that are found to contravene its requirements because:

    <p>it forms part of Canada's Constitution</p> Signup and view all the answers

    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:

    <p>the government expressly declares that the law will operate notwithstanding the Charter</p> Signup and view all the answers

    If you work in a grocery store in Lethbridge, Alberta, you are covered by:

    <p>Alberta employment laws</p> Signup and view all the answers

    A privative clause:

    <p>attempts to limit the parties' ability to have a decision of an administrative tribunal reviewed by the courts</p> Signup and view all the answers

    Section 15 of the Canadian Charter of Rights and Freedoms guarantees people in Canada:

    <p>equality rights</p> Signup and view all the answers

    Whether your workplace is covered by provincial or federal employment laws depends on:

    <p>the jurisdiction in which the employer is incorporated</p> Signup and view all the answers

    Which one of the following originates with the provincial legislature?

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

    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:

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

    The Supreme Court of Canada decision in Vriend v Alberta is notable because in that decision:

    <p>the court applied the Charter to &quot;read in&quot; to a human rights law a category of people that a provincial legislature had previously excluded</p> Signup and view all the answers

    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:

    <p>R v Oakes</p> Signup and view all the answers

    Under the common law cases are decided by judges on the basis of precedent. Another term for precedent is:

    <p>stare decisis</p> Signup and view all the answers

    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:

    <p>courts and tribunals are limited to making decisions about issues that fall within a specific jurisdiction</p> Signup and view all the answers

    The employees of a company that is incorporated under the laws of Canada will be covered by federal employment legislation.

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

    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.

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

    Applications for judicial review of the decisions of administrative tribunals are rarely successful.

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

    In Canada, the federal and provincial governments appoint judges; they are not elected.

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

    Statute law is the part of the law that has developed through the decisions of judges.

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

    All employees who work in Alberta are covered by Alberta's employment legislation.

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

    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.

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

    Tort law applies only where there is already a contractual relationship between the two parties.

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

    General requirements of law are contained in statutes, while more detailed, specific requirements are typically contained in the regulations.

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

    Federally regulated companies are those that are incorporated under the laws of Canada rather than under a provincial law.

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

    The BC Court of Appeal is the highest and final level of appeal for all disputes arising in BC.

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

    Stare decisis is a common law principle that requires lower courts to follow legal decisions of higher courts where similar issues are involved.

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

    A "respondent" is the party opposing an appeal of a previous decision.

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

    Employees of a federally regulated employer who work in Nova Scotia will be covered by the employment laws of Nova Scotia.

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

    All pieces of provincial legislation automatically come into force on the day that they receive royal assent.

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

    The Canadian Charter of Rights and Freedoms is part of Canada's Constitution.

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

    Where there is a conflict between the common law and statute law, the common law governs.

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

    A tort occurs whenever there is a breach of contract.

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

    Private members' bills rarely pass.

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

    It is easier for a government to change a regulation than to change a statute.

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

    All bills require royal assent before they can become a statute.

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

    In employment law, administrative tribunals have primary jurisdiction over most matters.

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

    What primarily establishes the jurisdiction of judges and tribunal members?

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

    How does the jurisdiction of the Alberta Human Rights Commission differ from that of the BC Human Rights Tribunal?

    <p>Each is limited by geographical boundaries.</p> Signup and view all the answers

    What type of issues are judges and tribunal members prohibited from deciding?

    <p>Occupational health and safety issues</p> Signup and view all the answers

    In a situation where multiple statutes may apply, which type of legislation could provide remedies for an injured employee wishing to return to work?

    <p>Both workers’ compensation and human rights legislation</p> Signup and view all the answers

    Who normally decides whether a judge or tribunal member has the jurisdiction to hear a case?

    <p>The judge or tribunal member</p> Signup and view all the answers

    What effect can a judge's interpretation of legislation have on future legal matters?

    <p>It may influence future interpretations.</p> Signup and view all the answers

    Which limitation applies to the decisions made by administrative tribunals?

    <p>Their authority is explicitly defined in legislation.</p> Signup and view all the answers

    What determines whether a judge or tribunal member can hear a specific case involving multiple jurisdictions?

    <p>The geographic location of the parties involved</p> Signup and view all the answers

    What was the main legal issue considered by the Supreme Court of Canada in Vriend's case?

    <p>Whether sexual orientation constituted a prohibited ground of discrimination</p> Signup and view all the answers

    What was the Supreme Court's conclusion regarding the treatment of homosexuals and heterosexuals under Alberta's human rights legislation?

    <p>Homosexuals were more negatively affected due to legislative omission</p> Signup and view all the answers

    How did the Supreme Court of Canada characterize the omission of protection for sexual orientation in the legislation?

    <p>As serious as explicit exclusion of a group</p> Signup and view all the answers

    What approach did the Supreme Court take in the Vriend case regarding human rights law?

    <p>An activist approach by including omitted categories</p> Signup and view all the answers

    According to the Supreme Court's ruling, which group was specifically recognized in need of legal protection?

    <p>2SLGBTQ+ people suffering from discrimination</p> Signup and view all the answers

    What argument by the Alberta government was rejected by the Supreme Court?

    <p>That equal treatment without specific protections is adequate</p> Signup and view all the answers

    What section of the Charter was central to the discussions in Vriend's case?

    <p>Section 15, concerning equality rights</p> Signup and view all the answers

    What was the overall impact of the Supreme Court's decision for legislation in Alberta regarding sexual orientation?

    <p>It mandated the addition of sexual orientation as a protected ground</p> Signup and view all the answers

    What was the primary significance of the Supreme Court's decision in M v H?

    <p>It included same-sex partners in the definition of 'spouse'.</p> Signup and view all the answers

    How did the Vriend decision influence human rights legislation in Canada?

    <p>It led to the addition of sexual orientation in human rights statutes across provinces.</p> Signup and view all the answers

    Which piece of legislation was directly challenged by the M v H case for discriminating against same-sex partners?

    <p>The Family Law Act.</p> Signup and view all the answers

    What impact did the Supreme Court's ruling in M v H have on provincial and federal governments?

    <p>They were required to adjust laws to include same-sex partners.</p> Signup and view all the answers

    In which year did the Supreme Court of Canada make its decision in M v H?

    <p>1999</p> Signup and view all the answers

    What does section 15 of the Charter guarantee?

    <p>The right to equality for all individuals regardless of sexual orientation.</p> Signup and view all the answers

    What was one of the outcomes of the Vriend decision for Alberta's legislation?

    <p>Sexual orientation was added to Alberta's human rights statute.</p> Signup and view all the answers

    What common legal principle did the M v H case reinforce in relation to family law?

    <p>Financial security should not depend on the gender of the partners.</p> Signup and view all the answers

    What is the key criterion for justifying a limitation of Charter rights under section 1?

    <p>The law must relate to a pressing and substantial government objective.</p> Signup and view all the answers

    Which of the following is NOT a part of the test set out in R v Oakes for determining reasonable limits?

    <p>The objective must be politically motivated.</p> Signup and view all the answers

    Who bears the burden of proof to demonstrate that an infringement of Charter rights is justified?

    <p>The government</p> Signup and view all the answers

    What happens if a law does not pass all parts of the Oakes test?

    <p>The portion that violates the Charter is found to be unconstitutional.</p> Signup and view all the answers

    What is meant by 'minimal impairment' as one of the criteria in the Oakes test?

    <p>The law must impair the Charter right or freedom as little as possible.</p> Signup and view all the answers

    Which of the following best describes the term 'proportionality' in the context of the Oakes test?

    <p>The benefits of the law must outweigh its potential harmful effects.</p> Signup and view all the answers

    How does the 'reasonable limits' provision of the Charter impact individual rights?

    <p>It permits limitations on rights provided they are justified in a democratic setting.</p> Signup and view all the answers

    In the case of R v Oakes, what is identified as a pressing and substantial government objective?

    <p>Maintaining public order and safety</p> Signup and view all the answers

    What role did King Henry II play in the development of common law?

    <p>He established travelling courts to promote fairness.</p> Signup and view all the answers

    What is the principle of stare decisis intended to achieve?

    <p>Promote predictability and consistency in decision-making.</p> Signup and view all the answers

    What might cause a court to circumvent legal precedent?

    <p>Minor factual differences between cases.</p> Signup and view all the answers

    Which scenario could lead to a watershed case in common law?

    <p>A high court expands the boundaries of previous rulings.</p> Signup and view all the answers

    What does the term 'case law' refer to in the context of common law?

    <p>Legal principles derived from judicial decisions.</p> Signup and view all the answers

    What often leads to legal inconsistencies in common law?

    <p>Seemingly minor factual differences among cases.</p> Signup and view all the answers

    What typically occurs when decisions are appealed to higher courts?

    <p>The court may clarify existing law.</p> Signup and view all the answers

    What is a potential reason for a court to depart from precedent?

    <p>Changes in social norms or economic realities.</p> Signup and view all the answers

    What standard must employers meet when defending a discriminatory job rule as established by the Meiorin case?

    <p>Employers must accommodate employees unless it causes undue hardship.</p> Signup and view all the answers

    Which branches of law are fundamental in shaping the employment relationship?

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

    In what situation can an employer refuse to accommodate an employee under the guidelines established by the Supreme Court?

    <p>When accommodating would cause undue hardship.</p> Signup and view all the answers

    What is a key difference between individual employment contracts and collective agreements?

    <p>Collective agreements are negotiated between unions and employers.</p> Signup and view all the answers

    Which of the following statements about the Meiorin decision is true?

    <p>It established a new standard for evaluating discriminatory job rules.</p> Signup and view all the answers

    What role does contract law play in employment relationships?

    <p>It defines the legal relationship between employers and employees.</p> Signup and view all the answers

    What can lead to changes in the direction of case law in employment law?

    <p>Shifts in the composition of higher courts.</p> Signup and view all the answers

    What is typically not included as part of the contractual relationship in employment law?

    <p>The employer's personal beliefs.</p> Signup and view all the answers

    Study Notes

    Employment Law Overview

    • Canada Labour Code: Covers specific industries and employers, but not all. Examples include businesses in transportation, telecommunications, banking, and the government of Canada

    • Common Law: Judge-made law, contrasted with statute law.

    • 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.

    • 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.

    • Employment Statutes (Alberta and BC): Interpreted and enforced by specialized tribunals/boards, frequently not courts. Coverage for specific employer/employee situations.

    • Provincial Legislature Bill Process: defined stages: first reading, second reading, committee, third reading, royal assent to become legislation.

    • Statute Law vs. Common Law: Statute law (legislative body) vs. common law (judicial decisions). Conflict resolution approaches.

    • Employment Standards Legislation: Defined standards across Alberta and BC. Specific statutory differences between provinces.

    • Canadian Charter of Rights and Freedoms: Can be used to challenge employment laws, particularly those that infringe on equality rights.

    • "Notwithstanding Clause": Allows limited exemptions to the Charter. Governments can invoke if necessary.

    • Territorial Employment Laws: Covered depending on employer location and jurisdiction; different applications based on the province/territory.

    • Tort Law: Branch of civil law addressing damages (wrongful conduct) and related grievances.

    • Federal vs. Provincial: differing jurisdictions between federal and provincial governments. Relevant laws are enacted and enforced.

    Judicial Processes

    • Judicial Precedent (Stare Decisis): Decisions based on similar cases; mandatory for lower courts.

    • Supreme Court Decisions: Sets precedent and interprets constitutional rights impacting employer/employee relationships.

    • Administrative Tribunals (quasi-judicial): Handle many employment cases in a non-court setting with established precedence within their particular jurisdictions.

    • Private vs. Public Entities: Different legal applications depending on the nature of the entity (e.g., private company vs. government agency vs. bank).

    • Contract Law: Contractual relationship between employer/employee, important in employment law issues in relation to the application of implied terms, enforcement, and damages.

    • Jurisdiction: Employment laws in certain situations apply to specific locations and jurisdictions.

    • Court Systems: Alberta court system vs. BC court system, for example, different procedures for resolving disputes.

    • Dispute Resolution: Various processes for resolving disputes (courts, administrative tribunals). Distinction between the use of statutes vs. common law is apparent.

    • 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

    • Constitutional Law: The Canadian Charter of Rights and Freedoms is part of Constitutional law; its importance to employment law.

    • 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.

    • 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.

    • 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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    Related Documents

    The Legal Framework PDF
    Employment Law for Business and Human Resources Professionals - Alberta and BC (PDF)

    Description

    This quiz provides an overview of employment law in Canada, including key concepts like the Canada Labour Code, common law versus statute law, and the Canadian Charter of Rights and Freedoms. It also highlights the legislative process for provincial bills in Alberta and BC. Test your understanding of these essential legal frameworks governing employment.

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