Legal Framework

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Questions and Answers

Which section of the Charter allows a legislature to override certain Charter rights?

  • Section 15
  • Section 2
  • Section 7
  • Section 33 (correct)

What is the primary legal effect of a statute being struck down by a court due to a Charter violation?

  • The statute is referred back to the legislature for review.
  • The statute is amended by the court.
  • The statute has no force or effect; it no longer applies. (correct)
  • The statute remains in effect, but with a warning.

What does it mean for a statute to be declared ‘unconstitutional’ in the context of Charter-based challenges?

  • The statute is perfectly valid and has met all required conditions.
  • The statute has been found to violate the Charter rights or freedoms and therefore is invalid. (correct)
  • The statute is being considered by legal experts prior to its implementation.
  • The statute has a minor error that can be easily fixed.

Besides striking down a statute, what other remedy might a court pursue if it finds a violation of Charter rights?

<p>Read words into a statute to fix it. (B)</p> Signup and view all the answers

What does it mean for a Charter right to operate 'notwithstanding' a Charter right?

<p>The legislation is intentionally set to operate regardless of the guaranteed rights. (D)</p> Signup and view all the answers

What is the highest form of law in Canada?

<p>Constitutional law (A)</p> Signup and view all the answers

Which branch of government is responsible for creating statutes?

<p>The legislative branch (A)</p> Signup and view all the answers

What is the role of the judicial branch of government?

<p>Adjudicating legal disputes (A)</p> Signup and view all the answers

Which of the following is an example of a statute title?

<p>Employment Standards Code (C)</p> Signup and view all the answers

Which of these is NOT typically a motivator for amending employment statutes?

<p>Fluctuations in international currency values (A)</p> Signup and view all the answers

What is the role of the lieutenant governor in the context of provincial legislation?

<p>To represent the monarch (C)</p> Signup and view all the answers

What is the primary function of the Constitution Act of 1867?

<p>To create a federal system of government in Canada (C)</p> Signup and view all the answers

Which body is NOT part of the federal legislative branch in Canada?

<p>Lieutenant Governor (D)</p> Signup and view all the answers

What is the primary role of the courts in the context of administrative law?

<p>To supervise administrative authorities by reviewing their decisions when challenged. (A)</p> Signup and view all the answers

Under what circumstances would a court typically intervene in an administrative authority's decision?

<p>If the administrative authority exceeded its jurisdiction, did not follow a fair process, made an error of law, or reached an unreasonable conclusion. (D)</p> Signup and view all the answers

What is the meaning of 'natural justice' within the context of administrative law?

<p>The principle that administrative authorities need to administer laws fairly. (A)</p> Signup and view all the answers

Which branch of government creates and applies administrative law?

<p>The executive branch by delegating power to various boards and agencies. (D)</p> Signup and view all the answers

What best describes the concept of ‘delegated power’ in administrative law?

<p>The power granted by the executive branch to various boards and agencies to make decisions. (A)</p> Signup and view all the answers

Which of the following is NOT a required step for a bill to become a federal statute?

<p>Approval by a majority in the provincial legislative assembly (C)</p> Signup and view all the answers

In Alberta, which body debates and studies a bill before it can become a statute?

<p>The Legislative Assembly of Alberta (A)</p> Signup and view all the answers

Which branch of government is primarily responsible for examining a problem and drafting a proposed law?

<p>The Executive Branch (D)</p> Signup and view all the answers

Which of these employment relationships in Alberta are primarily regulated by federal statutes?

<p>Employees in industries such as banking, airlines, and broadcasting (A)</p> Signup and view all the answers

What role does the Lieutenant Governor play in the Alberta statute process?

<p>Providing royal assent to a bill (A)</p> Signup and view all the answers

What are the day-to-day operations of government handled by?

<p>The Executive Branch (C)</p> Signup and view all the answers

Which of the following is an example of a federal statute that applies to all employees in Canada, including those in Alberta?

<p>Canadian Pension Plan (CPP) (D)</p> Signup and view all the answers

Who is the chief executive at the federal level in Canada?

<p>The Prime Minister (A)</p> Signup and view all the answers

Which branch of government is responsible for creating regulations?

<p>The executive branch (B)</p> Signup and view all the answers

What is the primary function of regulations?

<p>To define how a statute will be applied and enforced (C)</p> Signup and view all the answers

According to the provided material, what is the basic minimum wage in Alberta for employees?

<p>$15 per hour (B)</p> Signup and view all the answers

What is the minimum wage for students under the age of 18 in Alberta, as per the provided material?

<p>$13 per hour (B)</p> Signup and view all the answers

What are the formal written decisions made by judges based on?

<p>The evidence presented and applicable law (C)</p> Signup and view all the answers

What is the term for law found in court decisions?

<p>Common law (B)</p> Signup and view all the answers

Which of the following best describes the role of lower court judges in relation to higher court judges?

<p>Lower court judges must follow decisions of higher courts in similar cases within their jurisdiction (A)</p> Signup and view all the answers

Which of the following statements about the force of law is most accurate?

<p>Statutes and regulations both have the force of law (C)</p> Signup and view all the answers

What is the principle of 'stare decisis' most accurately described as?

<p>The requirement for judges to adhere to previously decided legal matters. (D)</p> Signup and view all the answers

In the court hierarchy of Alberta, which court holds the highest authority at the provincial level?

<p>Court of Appeal of Alberta (D)</p> Signup and view all the answers

What is the primary function of legal 'precedents' in the judicial system?

<p>To provide a basis for predicting how judges may rule in future cases and ensure consistency (C)</p> Signup and view all the answers

According to the Constitution Act, 1867, what are the two main levels of government in Canada?

<p>Federal and provincial (A)</p> Signup and view all the answers

What was the key change brought about by the Constitution Act, 1982, regarding Canada's constitution?

<p>It transferred control of Canada's highest law from Britain to Canada (B)</p> Signup and view all the answers

What is the fundamental distinction regarding the application of the Canadian Charter of Rights and Freedoms?

<p>It only limits the actions of governmental bodies. (A)</p> Signup and view all the answers

What is the purpose of Section 1 (the reasonable limits clause) of the Charter?

<p>To allow for reasonable limitations on freedoms if they are demonstrably justified in a free and democratic society. (D)</p> Signup and view all the answers

If a court finds that a statute violates a Charter right, what must it additionally consider?

<p>Whether the statute imposes a reasonable limit on that right. (C)</p> Signup and view all the answers

Flashcards

Administrative Law

Rules created and enforced by government agencies (like boards, commissions, and tribunals) to whom the legislative branch has delegated power.

Administrative Authorities

Government agencies, boards, commissions, and tribunals that implement and enforce laws.

Ensuring Administrative Authorities Stay Within their Power Limits

Ensures that administrative authorities operate within the limits of the power delegated to them by legislation.

Ensuring Fair Administration of Laws

Ensures that administrative authorities act fairly in implementing and enforcing laws.

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Courts' Role in Administrative Law

The role of courts in administrative law is to supervise administrative authorities by reviewing their decisions when challenged.

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Canada's Constitution

The supreme law of Canada, setting the framework for government authority and protecting individual rights and freedoms.

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Federal System

Federal and provincial levels share the responsibility for governing and creating laws. The Constitution Act, 1867, established this system.

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Branches of Government

The three branches of government: Legislative, Executive, and Judicial, operate at both the federal and provincial levels.

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Legislative Branch

The legislative branch creates formal written laws called statutes.

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Statutes

Statutes are created by the legislative branch at both the federal and provincial levels.

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Why are employment statutes passed?

Federal and provincial governments create or amend employment statutes to provide employees with additional protections or rights that may not already exist.

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Factors motivating employment statute changes

Social values, technological advancements, economic changes, and shifts in political power all influence changes to employment statutes.

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Employment Law

The legal framework governs the relationship between employers and employees, including laws on hiring, working conditions, and termination.

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Bill (Proposed Law)

A proposed law that is drafted by the executive branch and then introduced to parliament for debate and approval.

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Federal Statute (Law)

A formal written law that has been passed by parliament and received royal assent.

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How Statutes are Made by Parliament

The process of creating a law by parliament, involving debate, study, and approval by both the House of Commons and Senate.

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Legislative Assembly of Alberta

Alberta's legislative body, responsible for creating and debating provincial laws.

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Alberta Statute (Law)

A law passed by the Alberta Legislature, applying solely within the province.

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Alberta's Employment-Related Statutes

A collection of provincial laws that regulate various aspects of employment in Alberta.

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Executive Branch

The branch of government responsible for day-to-day operations, policy development, and administering government departments.

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Federal Statutes Applying to All Employees in Canada

Laws that apply to all employees in Canada, including those in Alberta, such as CPP and EI.

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Delegated Legislation

Legislation that is created by the executive branch, defining how a statute created by the legislative branch will be enforced.

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Judicial Decisions

Formal written decisions made by judges based on evidence and applicable law.

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Common Law

The body of law that is developed through court decisions.

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Precedent

A system where lower courts must follow the decisions of higher courts in similar cases.

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Judges

Individuals who work within the judicial branch, resolving legal disputes and interpreting laws.

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Judicial Branch

The branch of government that interprets and applies the law, ensuring fairness and consistency.

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Stare Decisis

The principle that courts should follow decisions made in previous similar cases.

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Supreme Court of Canada

The highest court in Canada, whose decisions must be followed by all other courts.

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Patriation

The act of transferring control of Canada's highest law from Britain to Canada.

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Canadian Charter of Rights and Freedoms

Part of the Constitution Act, 1982 that protects fundamental rights and freedoms.

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Section 1 (Reasonable Limits Clause)

The clause that allows for reasonable limits on Charter rights when necessary for a legitimate public purpose.

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Regulations

Laws made by the executive branch of government.

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Notwithstanding Clause (Section 33)

A legislative tool that allows Parliament or provincial legislatures to override certain Charter rights and freedoms, specifically those protected by sections 2 or 7 to 15. This essentially removes the courts' power to declare a law unconstitutional based on these Charter provisions.

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Charter-Based Challenge

A court process where an individual challenges a government action, claiming it violates their Charter rights or freedoms.

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Judicial Remedies for Charter Violations

When a court finds a law violates a person's Charter rights, they can either 'read in' words to fix the law or declare the law void (unconstitutional) and strike it down.

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Statute Struck Down

A law deemed unconstitutional by a court loses its legal effect and is no longer applicable.

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Expanding the scope of Section 15

The court can add new groups to the list of those protected by Section 15, specifically prohibiting discrimination against them. For example, sexual orientation was added as a prohibited ground of discrimination in Vriend v. Alberta.

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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, defining government authority and protecting rights. It includes the Constitution Act 1867 and 1982 (Charter of Rights and Freedoms).
  • The Constitution Act 1867 created a federal system of government with two levels (federal and provincial) sharing law-making powers.
  • Three branches of government (legislative, executive, and judicial) exist at both federal and provincial levels.

Legislative Branch and Statutes

  • The legislative branch creates statutes (formal laws).
  • Federal level involves the Parliament (House of Commons, Senate, and Governor General) in Ottawa.
  • Provincial level involves the Provincial Legislature (Legislative Assembly and Lieutenant Governor) in Alberta's case, in Edmonton.
  • Statutes often end with "Act" or "Code," like the Alberta Human Rights Act or Employment Standards Code.
  • Both the federal and provincial levels create statutes regulating employment.

Why are employment statutes passed? Why are they amended?

  • Created due to a need for employee protections exceeding existing rights.
  • Motivations include:
    • Demographic shifts and evolving social values
    • Technological advancements
    • Economic and work shifts
    • Changes in political power (e.g., new political parties like NDP which may change minimum wages).

How Statutes are made

  • Executive branch identifies a problem, drafts a bill.
  • Legislative branch (Parliament) debates and approves the bill., and the bill becomes a statute if approved by a majority and receiving royal assent from the Governor General.

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