LEGL 312 Legal Framework

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Questions and Answers

What is the primary role of administrative law?

To ensure laws are enforced without oversight.

To mediate disputes between private parties without involving the courts.

To create laws that govern all legal matters.

To establish the framework for government agencies to operate within designated powers. (correct)

Under what circumstances will a court interfere with a decision made by an administrative authority?

If the decision appears unreasonable to a layperson.

If the authority exceeded its jurisdiction or did not follow a fair process. (correct)

If the authority made a decision based on public opinion.

If the authority followed the legal processes correctly.

What ensures that administrative authorities act within the scope of their delegated powers?

Oversight from the executive branch of government.

Public approval ratings of their decisions.

Regular audits conducted by independent bodies.

Legislation passed by the legislative branch and review of their actions. (correct)

What is the highest law in Canada?

The constitution Signup and view all the answers

Which of the following is NOT a reason for a court to challenge an administrative authority's decision?

The authority did not apply the law strictly. Signup and view all the answers

Which of the following is NOT a branch of government created by the Constitution Act of 1867?

Administrative branch Signup and view all the answers

What do statutes typically regulate at the federal and provincial levels?

Employment matters Signup and view all the answers

What is the significance of natural justice in administrative law?

It requires that decisions are made fairly and without bias. Signup and view all the answers

What is a common reason employment statutes are amended?

Technological advancements Signup and view all the answers

Which of the following is part of the legislative branch at the federal level?

Senate Signup and view all the answers

Which document provides the authority for the Canadian government to enforce laws?

The constitution Signup and view all the answers

What constitutes the formal written laws upholding rights and protections for employees?

Statutes Signup and view all the answers

The Constitution Act of 1982 mainly includes which significant component?

The Canadian Charter of Rights and Freedoms Signup and view all the answers

What is the primary purpose of precedents in the judicial system?

To provide guidance and predictability in legal decisions. Signup and view all the answers

Which branch of government is responsible for making statutes?

Legislative Signup and view all the answers

Which act transferred control of Canada's constitution from Britain to Canada?

Constitution Act 1982 Signup and view all the answers

What does the Canadian Charter of Rights and Freedoms protect?

Fundamental freedoms essential to a democratic society. Signup and view all the answers

What is a key limitation of the Canadian Charter of Rights and Freedoms?

It applies only to state actions, not to private conduct. Signup and view all the answers

What must a court consider if a statute violates a charter right according to Section 1?

Whether a reasonable limit on that right or freedom exists. Signup and view all the answers

What is the role of the supreme court of Canada?

To serve as the highest court, following which all other courts must adhere to its decisions. Signup and view all the answers

Which of the following statements about the Court of King's Bench of Alberta is true?

It handles superior court matters in Alberta. Signup and view all the answers

What is the first step in creating a federal statute in Canada?

The executive branch drafts a proposed law called a bill Signup and view all the answers

Which body must approve a bill for it to become a federal statute in Canada?

House of Commons, Senate, and receive royal assent Signup and view all the answers

Which of the following is NOT regulated by Alberta's employment-related statutes?

Employees of the federal government Signup and view all the answers

Who introduces a bill in the Alberta legislative assembly?

A member of the legislative assembly (MLA) Signup and view all the answers

What role does the executive branch play in the law-making process?

Drafting and proposing laws to Parliament Signup and view all the answers

Which of the following statutes applies to all employees in Canada, including Alberta?

Canada Pension Plan (CPP) Signup and view all the answers

What is the role of the governor general in the Canadian federal law-making process?

To approve bills passed by Parliament Signup and view all the answers

At the federal level, who is the chief executive of the government?

The prime minister Signup and view all the answers

What is the purpose of subordinate legislation?

To provide detailed applications of statutes Signup and view all the answers

Who has the authority to make regulations related to minimum wage in Alberta?

Alberta's cabinet Signup and view all the answers

Which of the following statements about the judicial branch is true?

Judges have the authority to resolve disputes between individuals and the government. Signup and view all the answers

What is common law?

Judicial decisions that establish precedents Signup and view all the answers

What constitutes the executive branch at both levels of government?

Cabinet ministers and public servants Signup and view all the answers

What is the minimum wage for students under 18 years in Alberta according to the Employment Standards Regulation?

$13 per hour Signup and view all the answers

Which of the following is NOT a role of judges?

Drafting new statutes Signup and view all the answers

What must lower court judges do concerning decisions made by higher court judges?

They must follow them in similar cases. Signup and view all the answers

What does it mean for a contract to be enforceable?

The agreement is legally binding. Signup and view all the answers

What is a key function of contract law in employment?

It defines the remedies for breach of an employment contract. Signup and view all the answers

Which of the following represents an example of an implied term in an employment contract?

An employer must provide a safe work environment. Signup and view all the answers

What is the purpose of damages in contract law?

To compensate the victim for losses incurred. Signup and view all the answers

What defines a tort in the context of the workplace?

A wrongful act causing harm to another individual. Signup and view all the answers

Which of the following best describes how tort law relates to employment?

It provides legal claims for harms caused by tortfeasors. Signup and view all the answers

Which of the following scenarios is a clear example of negligence as a tort?

Failing to secure a workplace hazard leading to an injury. Signup and view all the answers

What is a tortfeasor?

A person who commits a tort. Signup and view all the answers

Study Notes

Sources of Law

Law is found in constitutions (constitutional law), statutes and regulations (statute law), and court decisions (common law).
Canada's constitution is the supreme law, providing authority for laws and protecting rights and freedoms. It includes the Constitution Act, 1867 and 1982 (which includes the Canadian Charter of Rights and Freedoms).
Constitution Act, 1867 created a federal system of governance with federal and provincial levels, sharing law-making powers.

Constitution Act 1867

Created Canada.
Established a federal system with two levels of government (federal and provincial) sharing law-making powers.
Created three branches of government (legislative, executive, and judicial) at both levels.

Legislative Branch and Statutes

Legislative branch creates statutes (formal written laws).
Federal level: Parliament (House of Commons, Senate, and Governor General).
Provincial level: Provincial legislature (Legislative Assembly and Lieutenant Governor).
Statutes often end with "Act" or "Code" (e.g., Alberta Human Rights Act, Employment Standards Code).
Both federal and provincial legislatures create statutes regulating employment.

Why are Employment Statutes Passed and Amended?

To provide protections and rights to employees beyond existing protections.
Motivating factors include demographic shifts, changing social values, technological advancements, economic shifts, and political party changes in power.

How Statutes are Made

Parliament: Executive branch drafts proposed laws (bills), debated by Parliament, approved by a majority in the House of Commons and the Senate, and given royal assent by the Governor General.
Alberta Legislature: Similar process, but with legislative assembly approval and lieutenant governor's assent.

Most employment relationships in Alberta are regulated by Alberta statutes, such as the Employment Standards Code and the Alberta Human Rights Act.
Some employment relationships are regulated by federal statutes (e.g., banking, airlines).
Some federal statutes apply to all employees in Canada.

Executive Branch and Regulations

The executive branch implements government policy.
Federal level: Prime Minister.
Provincial level: Premier.
Executive branch creates regulations (subordinate or delegated legislation) that detail how statutes are applied.
Examples: minimum wage, workplace safety, and public service standards. Legislative branch can delegate authority to the Executive to craft these regulations.

Judicial Branch and Common Law

The judicial branch resolves legal disputes.
Judicial decisions create common law (judge-made law).
Courts apply precedents to assist in decisions about similar cases.

Court Hierarchy

Court of Appeal of Alberta.
Court of King's Bench of Alberta.
Alberta Court of Justice.
Structure and hierarchical decisions must be followed.

Constitution Act 1982

Patriated Canada's constitution, transferring control to Canada from Great Britain.
Includes the Canadian Charter of Rights and Freedoms, protecting fundamental rights and freedoms (e.g., freedom of religion, expression).

Charter Application

Charter protects citizens from improper government conduct.
It does not apply to private sector actions, which are regulated by provincial/federal human rights statutes.

Reasonable Limits Clause (Section 1)

Allows for restrictions on charter rights if reasonable and justified to uphold other important values or interests.
Courts can strike down a law if the restriction on a charter right is not reasonable.

Notwithstanding Clause (Section 33)

Allows Parliament or a provincial legislature to override charter rights in specific statutes.
Requires a deliberate action to suspend Charter rights.

Charter-Based Challenges

Individuals can challenge government actions that violate the charter.
Charter ensures that laws are applied consistently.

Common Law Areas Affecting Employment: Contract Law

Contracts are enforceable agreements.
Contract law is fundamental to employment relationships, governs the relationship between employer and employee - often implied terms.
Damages in case of a breach are possible.

Common Law Areas Affecting Employment: Tort Law

Tort law covers wrongful acts causing injury or losses.
Employment situations - employers and employees might commit torts or be victims of torts.
Compensation for harm in these cases is possible.

Administrative Law

Consists of rules and decisions made by administrative authorities who have been delegated power by legislature.
Administrative authorities deal with specific aspects of employment law.
Judicial review of administrative decisions for excesses, lack of process, errors of law, or unreasonable conclusions.
Examples include the Alberta Human Rights Commission, employment standards bodies.

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