Podcast
Questions and Answers
What is the role of a 'respondent' in the context of an appeal?
What is the role of a 'respondent' in the context of an appeal?
The 'respondent' is the party opposing an appeal of a previous decision.
Explain the jurisdiction of administrative tribunals in employment law.
Explain the jurisdiction of administrative tribunals in employment law.
Administrative tribunals have primary jurisdiction over most matters in employment law.
What must happen for a bill to become a statute in Canada?
What must happen for a bill to become a statute in Canada?
All bills require royal assent before they can become a statute.
What happens when there is a conflict between common law and statute law?
What happens when there is a conflict between common law and statute law?
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Why are private members' bills considered rarely passed?
Why are private members' bills considered rarely passed?
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Which employment laws apply to a grocery store worker in Lethbridge, Alberta?
Which employment laws apply to a grocery store worker in Lethbridge, Alberta?
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What is the function of a privative clause in administrative law?
What is the function of a privative clause in administrative law?
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What equality rights are guaranteed by Section 15 of the Canadian Charter of Rights and Freedoms?
What equality rights are guaranteed by Section 15 of the Canadian Charter of Rights and Freedoms?
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What factors influence whether an organization in Canada is governed by provincial or federal employment laws?
What factors influence whether an organization in Canada is governed by provincial or federal employment laws?
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Which type of law originates from the provincial legislature?
Which type of law originates from the provincial legislature?
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In a legal context, how does a case from Alberta influence a judge in British Columbia if it covers the same issue?
In a legal context, how does a case from Alberta influence a judge in British Columbia if it covers the same issue?
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What significant action did the Supreme Court take in Vriend v Alberta?
What significant action did the Supreme Court take in Vriend v Alberta?
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In which circumstances may a statute law passed by the provincial legislature be overturned?
In which circumstances may a statute law passed by the provincial legislature be overturned?
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What is the legal principle of stare decisis and why is it important in law?
What is the legal principle of stare decisis and why is it important in law?
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Why might some tribunals be considered easier to deal with than traditional courts?
Why might some tribunals be considered easier to deal with than traditional courts?
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What distinguishes tort law from contract law in the context of civil law?
What distinguishes tort law from contract law in the context of civil law?
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What is the significance of the notwithstanding clause in the Canadian Charter of Rights and Freedoms?
What is the significance of the notwithstanding clause in the Canadian Charter of Rights and Freedoms?
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How do general statutes differ from regulations in the legal system?
How do general statutes differ from regulations in the legal system?
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What does it mean when a judge is appointed rather than elected in Canada?
What does it mean when a judge is appointed rather than elected in Canada?
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When can legal action for dispute resolution only proceed in one specific forum?
When can legal action for dispute resolution only proceed in one specific forum?
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What is the body of law dealing with serious employee misconduct leading to dismissal without notice?
What is the body of law dealing with serious employee misconduct leading to dismissal without notice?
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What law is primarily created by judges in common law?
What law is primarily created by judges in common law?
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What are the two key steps a provincial bill must complete to become a statute?
What are the two key steps a provincial bill must complete to become a statute?
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In what situations does the Canadian Charter of Rights and Freedoms apply?
In what situations does the Canadian Charter of Rights and Freedoms apply?
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What is the significant role of specialized tribunals and boards regarding employment statutes in Alberta and British Columbia?
What is the significant role of specialized tribunals and boards regarding employment statutes in Alberta and British Columbia?
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What defines 'statute law'?
What defines 'statute law'?
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How does the Canadian Charter of Rights and Freedoms empower individuals in the face of employment laws?
How does the Canadian Charter of Rights and Freedoms empower individuals in the face of employment laws?
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What does the 'notwithstanding clause' allow the government to do?
What does the 'notwithstanding clause' allow the government to do?
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What is the common perception of the non-union employment relationship within common law?
What is the common perception of the non-union employment relationship within common law?
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Study Notes
Employment Law Overview
- Canada Labour Code: Covers specific employers, like mining companies, but not book stores, banks, or hair salons.
- Common Law: Refers to laws established through judicial rulings, not legislative bodies.
- Statute Law: Laws passed by a legislature to become law.
- Statute Process: Provincial Bills must pass three readings in the provincial legislature and receive royal assent to become law.
- Canadian Charter of Rights and Freedoms: Applies when government action is involved or rights to equality are violated; doesn't cover all employment situations.
- Employment Statutes Enforcement: Primarily enforced by specialized tribunals and boards in Alberta and British Columbia; some cases also handled by superior courts.
- Bill Progression: Bills in provincial legislatures go to committee after second reading.
Additional Points
- Provincial Employment Legislation: Covers numerous people involved in the employment sector in Alberta and British Columbia, including judges and others who work for businesses
- Employment Contracts: In dispute cases, relevant cases from Alberta will be binding in BC courts.
- Charter of Rights Interpretation: In cases when a human right is being limited, the court uses a reasonable limits test to ensure the law is appropriate. Precedent (or stare decisis) is used to decide common law cases.
- Legal Proceedings: Courts have a specific jurisdiction and parties should avoid unnecessary court processes.
- Tort Law: Addresses wrongdoings and damages, not covered by contracts.
- Constitutional Law: The Canadian Charter of Rights and Freedoms is part of the Constitution.
- Different Legislation: If employee conduct affects provincial legislation, it's relevant; federal employee behavior is under a separate legal framework.
- Statute vs. Regulation: Federal and provincial governments can make laws, but regulations are more detailed than statutes.
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Description
This quiz covers the fundamentals of Employment Law in Canada, including the intricacies of the Canada Labour Code, Common Law, and Statute Law. Dive into the enforcement of employment statutes and the significance of the Canadian Charter of Rights and Freedoms in employment situations. Test your knowledge on how bills progress within provincial legislatures.