Introduction to Law and Justice

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Questions and Answers

What does strict liability require the government to prove?

Harm was caused intentionally

A safety rule was broken (correct)

Intent to break safety rules

All reasonable steps were taken

Which statement correctly describes vicarious liability?

It absolves employers of all liability under any circumstances

It applies solely to financial damages

It requires proof of employer negligence

Employers are liable for employee actions while performing their job (correct)

What is the purpose of the due diligence defense?

To demonstrate prior knowledge of the rules

To show reasonable steps were taken to comply with safety regulations (correct)

To prove intent to break the rules

To establish that no harm occurred

What distinguishes prosecution from lawsuits?

Lawsuits deal with private legal disputes while prosecution covers criminal offenses Signup and view all the answers

Which option best describes criminal law?

Public law that punishes serious crimes to protect society Signup and view all the answers

What is one of the major elements that must be proven in a criminal case?

The commission of an actual crime Signup and view all the answers

How does deterrence function within criminal punishment theories?

By discouraging future criminal actions through fear of consequences Signup and view all the answers

Which principle ensures that workers are compensated for injuries regardless of fault?

Respondeat Superior Signup and view all the answers

What was a primary reason for the difficulty injured workers faced in proving their cases during the 19th century?

Employers controlled the workplace and evidence needed to prove negligence. Signup and view all the answers

What was one non-legal challenge faced by injured workers that deterred them from seeking legal action against employers?

Workers feared losing their jobs for pursuing lawsuits. Signup and view all the answers

How did the workers' compensation system change the way employers could defend against claims of injury?

The system made it difficult for employers to assert outdated defenses like negligence. Signup and view all the answers

What impact did the lack of protection against dismissal have on injured workers in the 19th century?

It discouraged workers from suing due to fear of retaliation. Signup and view all the answers

Why were many fellow workers reluctant to testify for injured colleagues in the 19th century?

They feared retaliation or being seen as troublemakers. Signup and view all the answers

What was one of the major barriers to pursuing litigation for injured workers in the 19th century?

High costs associated with litigation made it unaffordable for most workers. Signup and view all the answers

Which of the following defenses against worker injury claims is rarely successful under today's workers' compensation system?

Proving worker's violation of legal regulations. Signup and view all the answers

Which of the following accurately describes the condition of injured workers during the 19th century?

Many workers had limited options and faced various barriers to pursuing justice. Signup and view all the answers

What is required to prove guilt in a criminal case?

Both actus reus and mens rea must be proven beyond a reasonable doubt Signup and view all the answers

Which principle protects individuals from wrongful punishment in a criminal justice system?

Presumption of innocence Signup and view all the answers

In a criminal trial, who holds the burden of proof?

The Crown (prosecutor) Signup and view all the answers

What distinguishes criminal trials from civil trials in terms of proof requirements?

Criminal trials require a higher standard of proof Signup and view all the answers

What does the term 'ultra vires' refer to?

Actions taken by persons acting outside their jurisdiction Signup and view all the answers

Which of the following reflects the concept of the fair and public hearing right?

An impartial tribunal must establish guilt Signup and view all the answers

In the context of jurisdiction, what can lead to an official's actions being challenged as unauthorized?

Acting ultra vires in a federally regulated workplace Signup and view all the answers

How is jurisdiction defined in a legal context?

Authority given to a government to make decisions and enforce laws Signup and view all the answers

What primary function do workers' compensation laws serve in Canada?

To establish a no-fault compensation system for injured workers Signup and view all the answers

How did the legal environment for injured workers in the 19th century differ from today's system?

Injured workers relied on proving employer negligence in court Signup and view all the answers

What does Ontario's Occupational Health and Safety Act (OHSA) primarily address?

The enforcement of workplace safety regulations Signup and view all the answers

What significant change did modern OHS legislation introduce compared to the common law system of the 19th century?

Established a no-fault compensation system for workers Signup and view all the answers

Which factors contributed to the challenges faced by injured workers in the past?

Employers had strict legal defenses and high litigation costs Signup and view all the answers

In Canada, how do provinces like British Columbia manage OHS and workers' compensation?

They combine OHS and workers' compensation management Signup and view all the answers

What was the primary reason for the development of modern occupational health and safety legislation?

To protect workers more effectively than common law did Signup and view all the answers

What is the main focus of the Workplace Safety and Insurance Act (WSIA) in Ontario?

Supporting injured workers and their families Signup and view all the answers

What constitutes a trespass under property law?

Dropping waste on someone else's property. Signup and view all the answers

Which type of nuisance protects landowners from disturbances affecting their property enjoyment?

Private nuisance Signup and view all the answers

Which is a requirement to establish liability for negligence?

Demonstrating actual damages occurred. Signup and view all the answers

Under what condition can an individual claim public nuisance?

If they have suffered special harm compared to the general public. Signup and view all the answers

Which defense against a nuisance action claims continuous activity for over 20 years may establish a right?

Prescription Signup and view all the answers

What is a common consequence of trespassing on another person's property?

Potential for civil action seeking damages. Signup and view all the answers

Which element does NOT need to be proven in a negligence claim?

Intent to cause harm Signup and view all the answers

What establishes a defense against nuisance actions due to natural events?

Act of God Signup and view all the answers

What was a key reason courts often sided with employers in 19th-century workplace injury cases?

Public policy considerations to avoid excessive litigation Signup and view all the answers

In the case of Priestly v. Fowler, why did the court find the employer not liable despite clear negligence?

The potential for excessive litigation detected by the court Signup and view all the answers

Which principle under common law limited employer liability for injuries caused by coworkers?

Fellow-servant rule Signup and view all the answers

What defense allows employers to argue that workers accepted the risks associated with their tasks?

Volenti non fit injuria Signup and view all the answers

Which legal principle was typically used to argue against employer liability when a worker violated workplace rules?

Violation of employer's rule Signup and view all the answers

What was a significant change in the perspective of courts regarding employer liability after the 19th century?

Modern laws recognize employers' responsibility for workplace injuries Signup and view all the answers

In the case of R v. John Albert Marshall, what was the court's reasoning regarding the worker's lack of experience?

The worker should have understood the risks regardless of training Signup and view all the answers

What significant challenge did injured workers face in proving their cases in the 19th century?

The burden of proof rested solely on the workers Signup and view all the answers

Which defense suggests that an injured worker was partially to blame for their own injury?

Contributory negligence Signup and view all the answers

What factor primarily deterred injured workers from suing their employers in the 19th century?

Fear of job loss and financial instability Signup and view all the answers

What was often cited by courts to argue that injured workers assumed their own risk?

Volenti non fit injuria Signup and view all the answers

Why were fellow workers often unwilling to testify on behalf of injured colleagues?

They could face retaliation from the employer Signup and view all the answers

How has modern workers' compensation changed the legal landscape for injured workers?

Employers cannot use volenti non fit injuria as a defense Signup and view all the answers

Which financial obstacle prevented many injured workers from pursuing lawsuits?

High costs associated with legal representation Signup and view all the answers

In DeLeavey v. Brinkman, what factor was deemed less significant in the court's decision?

The employer's modification of equipment Signup and view all the answers

What is one of the common law duties an employer owes to their workers?

Duty to ensure physical workplace safety Signup and view all the answers

What aspect of the court's reasoning has raised concerns regarding fairness in workplace injury cases?

Balance of blame between worker and employer Signup and view all the answers

Which principle of the Meredith Report allows workers to receive compensation regardless of their fault?

No-fault compensation Signup and view all the answers

What was a consequence of the lengthy court proceedings for injured workers?

Workers often chose to endure their injuries instead of suing Signup and view all the answers

Which historical principle contradicted the modern understanding of employer responsibility in injury cases?

Fellow-servant rule Signup and view all the answers

What was one of the main challenges injured workers faced in seeking justice through litigation in the past?

Defenses that shifted blame back to workers Signup and view all the answers

Which element is NOT required to successfully prove a negligence case against an employer?

Evidence of the worker's misconduct Signup and view all the answers

How did the introduction of workers' compensation laws affect injured workers' ability to sue employers?

It provided guaranteed compensation without necessitating a lawsuit Signup and view all the answers

What does the duty to provide safe tools and equipment entail for employers?

Ensuring tools are safely maintained and stored Signup and view all the answers

Which characteristic describes the collective liability principle recommended by the Meredith Report?

It facilitates a pooled fund for worker compensation Signup and view all the answers

What duty does an employer have regarding providing a safe system of work?

To create procedures that effectively manage work risks Signup and view all the answers

Which milestone marked the beginning of workers' compensation laws in Canada?

The Ontario Workers' Compensation Act of 1914 Signup and view all the answers

What is a significant challenge faced by injured workers, beyond legal difficulties?

The social stigma associated with injury claims Signup and view all the answers

What is the primary benefit of the Security of Payment Compensation funds for injured workers?

It ensures that benefits and payments are always accessible. Signup and view all the answers

What change does the WSIA bring to the concept of contributory negligence?

Workers can claim damages regardless of their partial fault. Signup and view all the answers

Which principle is established by the Meredith principles in the workers' compensation system?

Injured workers are financially supported without litigation. Signup and view all the answers

What is the main function of the independent compensation board?

To adjudicate claims and manage the compensation system impartially. Signup and view all the answers

What limitation does Section 115 of the WSIA impose on injured workers seeking damages?

Workers are prohibited from claiming both employer and contractor damages for the same injury. Signup and view all the answers

Under Section 116, how is 'voluntary assumption of risk' evaluated?

Workers cannot be deemed to have voluntarily accepted injury risk due to workplace defects. Signup and view all the answers

What does the principle of strict liability entail in the context of occupational health and safety?

The defendant is responsible for damages even if they were not negligent. Signup and view all the answers

What is a key characteristic of trespass as defined in the content?

It can occur without causing harm or damage. Signup and view all the answers

How does the WSIA impact employer liability in negligence claims?

It provides a more protective framework for workers and limits employer defenses. Signup and view all the answers

What does the WSIA specifically recognize about employers' liability insurance?

It must benefit the injured worker and cannot be paid until claims are satisfied. Signup and view all the answers

What is a significant role of the Workplace Safety and Insurance Appeals Tribunal (WSIAT)?

To serve as the final level of appeal from the compensation board's decisions. Signup and view all the answers

Which of the following is true about the concept of double recovery in the WSIA?

Workers are barred from recovering damages from both the employer and the contractor for the same injury. Signup and view all the answers

Which of the following changes in the WSIA fundamentally protects workers from the risk of injury assessments?

Workers cannot be considered to have voluntarily assumed risk due to workplace defects. Signup and view all the answers

Study Notes

What is Law?

Law is a set of rules made by the government that are enforceable in court.
Law influences how people interact in society.
Unlike other social controls (customs, traditions, religions), law is mandatory and enforced.
It deters harmful behaviors and maintains order.
Law emphasizes principles like reason, certainty, force, neutrality, and non-retroactivity.

The Concept of Justice

Justice differs from law, though law's goal is to ensure justice.
Historically, laws have resulted in injustices (e.g., slavery laws in the U.S., residential schools in Canada).
Justice considers law's content and enforcement to be just.
Four types of justice:
- Corrective Justice: Fairness in agreements and compensation for wrongs.
- Distributive Justice: Fair distribution of resources and opportunities.
- Retributive Justice: Punishments fitting the crime.
- Procedural Justice: Fair processes and treatment of all parties.

The Rule of Law and Due Process

The Rule of Law is a fundamental principle in Canada, stating no one is above the law.
Everyone is treated equally under the law.
Due Process ensures fair legal proceedings. Accused are informed of charges and have a chance to be heard.

Origin of Canadian Law and Legal Traditions

Canadian law is shaped by three traditions: civil law, common law, and Aboriginal law.
Civil Law: Derived from French colonization, it's inquisitorial (judges actively investigate).
Common Law: Derived from England, it's adversarial (parties present evidence). Precedent is central.
Notably, civil and common law directly impact OHS (Occupational Health and Safety) laws in Canada.

Classification of Law

Law is broadly classified into:
- Public Law: Interactions between government and individuals/governments (e.g., constitutional law).
- Private Law: Interactions between private individuals (e.g., contracts, torts, property law).

Constitutional Law and Jurisdiction for OHS

Constitutional law is the supreme law in Canada.
Section 52 of the Constitution Act, 1982, makes the Constitution supreme.
The Charter of Rights and Freedoms takes precedence over other laws if there's a conflict.

Administrative Law

Deals with how government agencies function and make decisions.

Criminal Law

Governs serious crimes and their punishments.

Private Law

Governs relationships between private individuals (e.g., contracts, torts, property law).
Includes contracts, torts, and property law.

Statutory Interpretation Explained

Courts interpret laws and regulations.
Rules of statutory interpretation:
- Textualism: Literal interpretation of words.
- Intentionalism: Trying to understand the legislature's intent.
- Pragmatism: Considering the law's purpose and broader effects.
Stare Decisis: Use of previous court decisions to ensure consistency. This is crucial in common law systems.

Canada's Court System and Tribunals

Canada's courts are hierarchical (Supreme Court is highest).
Tribunals are specialized bodies for specific issues (e.g., labor disputes).
Tribunal decisions can be challenged through judicial review.

Ratio and Obiter Dictum

Ratio Decidendi: The legal principle on which a court decision is based, binding in future cases.
Obiter Dictum: Statements made by a judge not essential to the decision, not binding in future cases.

Strict and Absolute Liability

Strict liability: When someone can be held responsible for harm without having intended their actions.
Absolute Liability: Even when reasonable care is taken, liability is absolute.

Vicarious Liability

Employers can be held liable for their employees' actions in certain situations.
Liability exists when:
- A close relationship exists between the employer and employee.
- The wrongful act is connected to employee duties.

Prosecutions and Lawsuits

Prosecution: Actions by the Crown/state for criminal offenses.
Lawsuits: Actions between private individuals or parties over civil issues.
Mens Rea (intent) may be required depending on the seriousness of the crime.