Employment Law Quiz: Canada Legislation Process

A piece of legislation proposed to be enacted into law. It is typically introduced to the legislature by a Cabinet minister responsible for its subject matter.

A bill that is introduced by a member of the legislative assembly (MLA) who is not a cabinet minister.

A bill introduced by a cabinet minister responsible for a specific topic. It can propose changes to existing laws or introduce new legislation.

The first step in the legislative process where a bill is formally presented and read in the legislative assembly.

The stage where the principles and general ideas of a bill are debated in the legislative assembly.

A group of MLAs that scrutinizes a bill after it has passed second reading, considering its details and potential amendments.

The process by which a bill is revised or altered to improve its clarity, effectiveness, or address concerns raised during the legislative process.

The final stage of the legislative process where a bill is formally approved by the legislative assembly, typically through a vote.

A court case that established the provinces' authority over employment law, limiting federal jurisdiction to industries of national importance.

Federal jurisdiction over employment law is limited to industries of national importance, such as national transportation and communication.

The Canadian Charter of Rights and Freedoms was adopted in 1982 and guarantees fundamental rights and freedoms that can affect employment situations, especially when government actions or legislation are involved.

The Charter protects certain rights that can be applied in the workplace, though it doesn't explicitly address employment law.

A law that provides pension benefits to qualifying employees upon retirement and disability.

This law provides income replacement to qualifying employees during temporary unemployment.

A rule or principle that ensures consistency and fairness in decision-making, especially concerning employment regulations.

Provincially incorporated businesses are regulated by the provinces, while federally incorporated businesses are regulated by the federal government. However, this doesn't determine which set of laws apply to their employees.

A civil wrong that results in harm, injury, or loss causing a legal remedy.

A type of tort where the action is intentional and meant to cause harm.

A type of tort where the action is careless and results in harm.

The legal responsibility of one person to another to act with reasonable care.

The failure to meet the expected standard of care, causing harm to another.

The connection between the defendant's conduct and the plaintiff's harm.

The foreseeable damage or losses experienced by the plaintiff.

A branch of law that deals with private disputes and wrongdoings. It covers areas like property, family, and torts.

A principle in common law that requires lower courts to follow decisions made by higher courts in the same jurisdiction, as long as the cases are similar.

A decision from a higher court that binds lower courts in the same jurisdiction when the cases involve comparable circumstances and principles.

A decision from another jurisdiction or a lower court that is influential, but not mandatory, for a judge to consider.

When a lower court decides not to follow a past decision from a higher court in the same jurisdiction because the facts are significantly different from the current case being decided.

When a judge decides future cases based on previous decisions, similar circumstances are essential for a principle to hold strong.

The common law system uses previous decisions to guide future ones. It involves considering rulings and facts from similar cases to guide current rulings.

Recent decisions are considered more relevant than older ones, reflecting changes in society and legal views.

Decisions from higher courts are more authoritative than lower courts as they establish broader legal principles.

A review standard where a court will overturn a tribunal decision only if it falls outside a range of possible, acceptable outcomes justifiable by the facts and law. It acknowledges the expertise of specialized administrative bodies.

A review standard used in cases involving a question of law outside the tribunal's expertise, where the court substitutes its own opinion if it disagrees with the tribunal's decision.

Lower tribunals in the administrative hierarchy that investigate complaints, issue rulings, and sometimes orders, playing a significant role in education and policy guidance.

Groups or bodies empowered to handle complaints, issue rulings, and sometimes even make orders. They often play a key role in educating stakeholders about relevant legislation and policies.

Bodies or organizations that provide education and guidance on employment and workplace issues, often playing a key role in administering relevant legislation.

A legal citation format used in Canadian law, including the case name, year of decision, court identifier, and a case number.

A unique identifier given to legal decisions, allowing for easy referencing without relying on specific case reporters.

A reference number assigned to a case in the court registry, used to track and identify it.

A collection of published legal decisions, often organized by subject or court.

Government bodies that publish laws and regulations, making them accessible to the public.

A publication that contains the full text of laws passed by the federal and provincial governments.

A set of rules and guidelines created by a government body to implement and enforce the law.

The authority of a judge or tribunal to hear and decide specific issues.

The process of interpreting laws by judges or tribunal members, which can set precedents influencing future interpretations.

A preliminary legal question about whether a judge or tribunal has the authority to hear a case.

A law passed by a provincial or federal government that sets out minimum rights and standards for employees.

Laws that aim to prevent and address discrimination and harassment in the workplace based on various grounds.

Laws that deal with the right of employees to form unions and engage in collective bargaining.

A judicial approach to interpreting legislation by analyzing the problem or mischief a statute is trying to fix, then applying the corrective rationale to the current issue.

In 1254582 Alberta Ltd v Miscellaneous Employees Teamsters Local Union 987 of Alberta, the court used the mischief rule to determine if airport taxi drivers were employees for the purposes of the Alberta Labour Relations Code, analyzing the purpose of the code regarding employee classification.

In 1254582 Alberta Ltd v Miscellaneous Employees Teamsters Local Union 987 of Alberta, the court had to determine whether taxi drivers should be classified as employees, including examining if their passenger fares were considered wages.

The process of examining existing legal precedents, especially past court decisions related to similar legislation and fact situations, before making a new decision.

Legal decisions from past cases that provide guidance for similar situations. These decisions can have different levels of weight depending on the court hierarchy and the time of the decision.

A system of law based on judicial precedent, where past court decisions are used as guidelines for future cases.

A website providing access to Canadian legal resources, including court decisions, legislation, and legal information.

The process of reviewing a decision made by an administrative agency or tribunal by a higher court. The level of scrutiny applied depends on the standard of review.

A standard of review used in judicial review when the court is assessing a tribunal's decision on a question of law, where the court can substitute its own opinion if it disagrees.

The Canadian Charter of Rights and Freedoms guarantees individual rights, but these rights are not absolute. They can be limited if the limitations are "reasonable" and "demonstrably justified in a free and democratic society."

This test determines if a law infringing on Charter rights is a reasonable limit. The law must have a "pressing and substantial" government objective, and the means chosen to achieve that objective must be proportional (rationally connected, minimally impairing the right, and benefits outweighing the harm).

The government bears the responsibility to prove that a limitation on a Charter right is justified. It needs to demonstrate that the law meets the requirements of the Oakes test.

Part of the Oakes test, this principle requires that laws limiting Charter rights should infringe as little as possible on those rights.

The third element of the Oakes test, this principle weighs the benefits of the government achieving its objective against the negative impact of limiting the Charter right. If the harm outweighs the benefits, the limitation is not justified.

The Oakes Test, established in the Supreme Court of Canada's decision in R v Oakes, is a framework used to determine when a limitation on a Charter right can be justified under the 'reasonable limits' provision in section 1 of the Charter.

This is the section of the Charter that states that the rights guaranteed by the Charter are subject to reasonable limits that can be demonstrably justified in a free and democratic society.

This section of the Charter guarantees equality rights, including the right to equal protection and benefit of the law without discrimination.

It is a type of legal argument where lawyers try to convince the court that their case is similar to a specific past case with a favorable ruling.

This is a legal principle where courts examine legal issues in a specific case and consider past decisions to reach a conclusion.