Employment Law Quiz: Canada Legislation Process
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Questions and Answers

What was the primary purpose of the Ensuring Safety and Cutting Red Tape Act (2020)?

  • To address unsafe work refusals related to COVID-19 (correct)
  • To increase the number of refusals of unsafe work
  • To create new employment laws unrelated to safety
  • To eliminate all forms of employment legislation

    • How many readings must a bill pass in the legislature to become a provincial statute in BC or Alberta?

  • Three (correct)
  • Four
  • One
  • Two

    • Who typically introduces public bills concerning employment law?

  • The Governor General
  • A private citizen
  • Any elected MLA
  • The minister of labour (correct)

    • What must occur after the first reading of a bill?

    <p>A debate on the principles of the bill takes place.</p> Signup and view all the answers

    Which type of bill is introduced for specific individual cases and is typically more rare?

    <p>Private bill</p> Signup and view all the answers

    What is required for a bill to become a federal statute?

    <p>Pass three readings in the House of Commons and the Senate</p> Signup and view all the answers

    What type of bills are usually not introduced by a Cabinet minister?

    <p>Private bills</p> Signup and view all the answers

    What was the ruling in Toronto Electric Commissioners v Snider regarding federal employment law authority?

    <p>Federal employment law authority is restricted to industries of national importance.</p> Signup and view all the answers

    What is the first step in the legislative process of making a statute?

    <p>First reading of the bill</p> Signup and view all the answers

    Which of the following industries falls under federally regulated employment laws?

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

    What role does a company's location play in determining its regulation?

    <p>Location has no effect; regulation depends on the nature of the business.</p> Signup and view all the answers

    Which of the following statements is true regarding credit unions?

    <p>Credit unions do not meet the definition of a 'bank' and are provincially regulated.</p> Signup and view all the answers

    What rights does the Canada Pension Plan provide to qualifying employees?

    <p>Pension benefits upon retirement and permanent disability.</p> Signup and view all the answers

    How does the Canadian Charter of Rights and Freedoms impact employment law?

    <p>It guarantees rights that can influence workplace legislation.</p> Signup and view all the answers

    In terms of employment law, what do federally and provincially regulated companies have in common?

    <p>Certain federal laws are applicable to both regulated types.</p> Signup and view all the answers

    Which employment benefit is provided by the Employment Insurance Act?

    <p>Income replacement during periods of unemployment.</p> Signup and view all the answers

    What does the 'R' in the citation 'R v Tschetter' signify?

    <p>Regina or Rex</p> Signup and view all the answers

    Which part is not included in a neutral citation?

    <p>Case reporter</p> Signup and view all the answers

    What is the meaning of 'SCC' in the example 'Starson v Swayze, 2003 SCC 32'?

    <p>Supreme Court of Canada</p> Signup and view all the answers

    In the citation '080092455P10101-012', what does the alphanumeric sequence signify?

    <p>A docket reference</p> Signup and view all the answers

    What does the principle of stare decisis require from lower courts?

    <p>To follow precedents from higher courts in the same jurisdiction</p> Signup and view all the answers

    How often does the numbering sequence for decisions restart?

    <p>Annually on January 1</p> Signup and view all the answers

    How does the authority of recent decisions compare to older decisions under common law?

    <p>Recent decisions have more authority than older ones</p> Signup and view all the answers

    Which of the following statements is true regarding the federal and provincial governments?

    <p>They publish statutes and regulations.</p> Signup and view all the answers

    What type of case does the citation format 'R v [Name]' typically refer to?

    <p>Criminal cases</p> Signup and view all the answers

    What does it mean for a decision to be considered persuasive?

    <p>It originates from a lower court or different jurisdiction and is not obligatory</p> Signup and view all the answers

    Under what circumstance can a lower court choose not to follow a higher court's decision?

    <p>If the facts or elements in the earlier case are distinguishable</p> Signup and view all the answers

    What is typically the first element in a neutral citation?

    <p>Case name</p> Signup and view all the answers

    Which of the following best describes the phrase 'to stand by things decided'?

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

    What role does jurisdiction play in the application of stare decisis?

    <p>Only higher court decisions in the same jurisdiction are binding</p> Signup and view all the answers

    Which aspect does NOT influence the weight given to previous cases in the common law?

    <p>The popularity of the decision among legal scholars</p> Signup and view all the answers

    What is required for a court to be considered to follow a precedent?

    <p>The previous case must involve similar legal principles</p> Signup and view all the answers

    Under what circumstances will a decision be considered unreasonable?

    <p>If it is outside the range of possible, acceptable outcomes</p> Signup and view all the answers

    What standard of review is applied when a case involves a question of law outside the tribunal’s expertise?

    <p>Correctness standard</p> Signup and view all the answers

    Which bodies are recognized for their experience and expertise in making administrative decisions?

    <p>Administrative agencies</p> Signup and view all the answers

    What is a primary role of administrative agencies according to the content?

    <p>To investigate complaints and issue orders</p> Signup and view all the answers

    What would not be a reason for overturning a tribunal decision under the reasonableness standard?

    <p>The decision follows legislative guidelines</p> Signup and view all the answers

    Which of the following is an agency that plays a role in educating about workplace issues?

    <p>Employment Standards Branch in BC</p> Signup and view all the answers

    What is a tort in the context of employment law?

    <p>A wrong for which there is a legal remedy</p> Signup and view all the answers

    In which situation is the administrative tribunal subject to a lower level of scrutiny?

    <p>When the tribunal’s decision is fully justified and reasoned</p> Signup and view all the answers

    Which of the following accurately describes the standard of review known as 'correctness'?

    <p>It allows for a substitution of opinion if the reviewer disagrees</p> Signup and view all the answers

    Which of the following is NOT one of the requirements to establish the tort of negligence?

    <p>The plaintiff voluntarily agreed to the risks involved</p> Signup and view all the answers

    In what situation might an employer commit an intentional tort?

    <p>Deliberately giving false reference for a former employee</p> Signup and view all the answers

    What type of damages are typically awarded in a successful tort action?

    <p>Damages to recover losses caused by the defendant's conduct</p> Signup and view all the answers

    Which of the following best defines 'duty of care' in tort law?

    <p>A legal obligation to avoid causing harm</p> Signup and view all the answers

    What does causal link refer to in the context of proving negligence?

    <p>The relationship between a breach of duty and resulting harm</p> Signup and view all the answers

    What might constitute foreseeable harm in a negligence claim?

    <p>Harm that is expected as a direct result of the defendant's actions</p> Signup and view all the answers

    Which of the following scenarios best illustrates negligence?

    <p>An employer fails to educate employees about safety procedures leading to an injury</p> Signup and view all the answers

    The federal government has authority over 50 percent of employees in Canada.

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

    The BC Employment Standards Act outlines employee rights related to minimum wages and vacation.

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

    Municipalities in Canada have full jurisdiction to regulate employment-related matters.

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

    The Alberta Employment Standards Code is aimed at promoting equity and preventing discrimination.

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

    Collective bargaining rights for employees are addressed in the BC Labour Relations Code.

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

    Judges have unlimited authority to make decisions within their jurisdiction.

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

    The Canada Labour Code is applicable to all employees in Canada, regardless of industry.

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

    The Judicial Committee of the Privy Council ruled in 1925 that the federal government's legislative authority was boundless.

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

    The Alberta Human Rights Act applies to the entire country of Canada.

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

    The BC Human Rights Tribunal can hear cases involving violations that occur in Alberta.

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

    The BC Human Rights Code is designed to remedy discrimination based on specified prohibited grounds.

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

    Judges' interpretations of legislation can create precedents that influence future cases.

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

    Jurisdiction may be a preliminary issue debated by legal counsel before the main case.

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

    The Alberta Human Rights Commission can decide on cases related to occupational health and safety issues.

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

    An employee injured at work may seek remedies under only one statute.

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

    Tribunal members have the same level of authority as Supreme Court judges in all cases.

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

    Individual employees can gain access to an administrative agency without any monetary cost.

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

    The Employment Standards Tribunal is not a part of the internal appeal procedure in British Columbia.

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

    A judge will always rely on previous legislation when making legal decisions.

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

    The mischief rule is used to examine the problem that a statute aims to address.

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

    Legal research is primarily conducted through expensive case reporters.

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

    1254582 Alberta Ltd v Miscellaneous Employees Teamsters Local Union 987 of Alberta dealt with the classification of taxi drivers as independent contractors.

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

    Employees must pay a fee to file a complaint with an administrative agency.

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

    Encyclopedic digests, textbooks, and blogs can provide discussions of case law.

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

    Under the Alberta Labour Relations Code, passenger fares can be classified as wages.

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

    Judges and tribunal members have created a single rule for interpreting all types of legislation.

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

    A clear precedent must always exist for judges to make decisions on legal matters.

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

    The Miscellaneous Employees Teamsters Local Union's certification application was successful in gaining support from taxi drivers.

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

    Judicial review can occur after decisions made by the Alberta Labour Relations Board.

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

    The Supreme Court of Canada can uphold violations of Charter rights if they fall within the provisions of section 1 of the Charter.

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

    The burden of proof for justifying an infringement of Charter rights lies with the individuals affected by the law.

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

    A law that limits a Charter right must achieve its objective with minimal impairment to be justified.

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

    Under the Oakes test, the objective of a law must be trivial for it to be justified.

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

    The rights and freedoms guaranteed by the Charter are considered unlimited.

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

    The benefits of limiting a Charter right must outweigh its harmful effects for the limitation to be reasonable.

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

    Proportionality in the context of limiting Charter rights involves rationally connecting the means to the objective.

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

    Only laws that do not impair Charter rights at all are considered constitutional.

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

    The Canadian Charter of Rights and Freedoms applies only to government actions.

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

    Common law is derived solely from written statutes.

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

    Judicial review allows higher courts to assess decisions made by lower courts or tribunals.

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

    Binding precedent means lower courts must follow decisions made by higher courts.

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

    The concept of 'just cause' in employment law refers to the legal standards for terminating an employee without notice.

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

    Implied terms in a contract are written explicitly in the contract document.

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

    A privative clause limits the appeal rights regarding decisions made by administrative tribunals.

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

    The burden of proof in civil law cases is typically higher than in criminal law cases.

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

    Study Notes

    • This textbook chapter provides an overview of employment law concepts, statutes, how law evolves, and the role of judges and tribunals in interpretation and enforcement.
    • Workers in Alberta and British Columbia are protected by different laws depending on location, type of work, and employment status (e.g., employee, contractor, unionized, non-unionized).
    • Certain industries' employers are subject to federal, not provincial, legislation.
    • Chapter 2 details judge-made employment law (common law), comparing employment vs contractor status and the legal implications of this distinction. It reviews the differences between employees and independent contractors and the legal implications of that distinction.
    • It focuses on non-union workplaces but emphasizes significant differences for unionized employment.
    • Chapter 3 examines labour relations codes, addressing unionization, collective bargaining, strikes, and employer-union disputes in both provinces.
    • Chapter 4 details the Canada Labour Code, protecting employees in federally-regulated industries (e.g., transportation, telecommunications, banking). It covers union and non-union workplaces, occupational health and safety, and minimum employment standards.

    Overview of Employment Law

    • Three main sources: statute law, constitutional law (specifically the Charter), and common law.
    • Employment law changes are driven by societal shifts, including demographics, values, technology, and global events (e.g., COVID-19, Indigenous rights).
    • Provincial and federal jurisdictions are separately defined.
    • Canadian Charter of Rights and Freedoms effects provincial and federal laws.
    • Federal laws affect certain types of industries, such as transportation, telecommunications, and banking.
    • Key employment-related statutes in British Columbia and Alberta must be understood.

    Introduction

    • Chapter 1 provides an overview of the legislative and judicial framework for employment law.
    • Statute law (legislation), constitutional law (the Charter), and common law (judge-made law) are the three main sources.
    • The understanding of who makes, interprets, and enforces employment laws is essential for workplace application.

    Statute Law

    • Statutes, also called legislation, codes, or acts, are laws passed by federal and provincial governments.
    • They are created to provide employees with protections or rights, including minimum standards and conditions (e.g., minimum wage, vacation time).
    • Examples of statutes include the Alberta Human Rights Act and the BC Human Rights Code.
    • Statutes are typically passed because of social or business concerns, such as anti-discrimination, minimum wages, or health and safety regulations.

    Statute Law: Legislative Process

    • A bill, or a written proposal for a law, must pass three readings in an elected legislative body to become a statute.
    • Public bills are typically introduced by the relevant cabinet minister.
    • Private bills concern non-public interests.
    • Private members' bills are proposed by private members of the legislature and do not often become law.
    • The bill becomes a statute once the government signs it.
    • The law is relevant to applicable jurisdictions.

    Statutory Jurisdiction and Interpretation

    • Judges in courts and tribunals must base their legal judgements in the applicable jurisdiction.
    • Statutes are open to interpretation.
    • The mischief rule provides a way to view and interpret the intent of a law, focusing on the problem the statute was designed to address and the relevant historical context.
    • Internal and external aids are used for interpreting statutes.

    Court Uses Mischief Rule

    • Courts use the mischief rule to interpret statutes, considering the problem intended to be addressed and historical context.

    Constitutional Law: Charter of Rights and Freedoms

    • Guaranteed rights and freedoms to Canadians (e.g., freedom of religion, expression, equality, mobility).
    • The Charter affects employment, applying to government action, indirectly impacting private sector employers when laws are in violation.
    • Employment law must be in accord with Charter principles.
    • Courts can strike down laws if they violate Charter provisions.
    • Section 15 of the Charter addresses equality rights focusing on applying similar laws to diverse groups.
    • Section 33, the Notwithstanding Clause, allows some laws to be enacted without violating constitutional rights, but this is uncommon.

    Statutory Jurisdiction and Interpretation (continued)

    • Courts' and tribunal members' interpretations of legislation can set precedents.
    • Judges follow precedent when dealing with similar legal issues, but may not apply precedence if circumstances are sufficiently different.
    • When there is no clear precedent, courts use interpretation rules (e.g., "mischief rule").
    • Courts may read in specific interpretations.

    Common Law

    • Common law is judge-made law, supplementing statutes where gaps exist, filling in details not explicitly covered by statutes.
    • It evolves from court decisions addressing specific cases and similar factual situations.
    • Case law and the principle of stare decisis (following prior decisions) are key elements in common law.
    • Courts use precedent to ensure consistency of law applications, but may also reinterpret precedent if circumstances are sufficiently different to justify a new interpretation.

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