Podcast
Questions and Answers
Which section of the Charter allows a legislature to override certain Charter rights?
Which section of the Charter allows a legislature to override certain Charter rights?
What is the primary legal effect of a statute being struck down by a court due to a Charter violation?
What is the primary legal effect of a statute being struck down by a court due to a Charter violation?
What does it mean for a statute to be declared ‘unconstitutional’ in the context of Charter-based challenges?
What does it mean for a statute to be declared ‘unconstitutional’ in the context of Charter-based challenges?
Besides striking down a statute, what other remedy might a court pursue if it finds a violation of Charter rights?
Besides striking down a statute, what other remedy might a court pursue if it finds a violation of Charter rights?
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What does it mean for a Charter right to operate 'notwithstanding' a Charter right?
What does it mean for a Charter right to operate 'notwithstanding' a Charter right?
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What is the highest form of law in Canada?
What is the highest form of law in Canada?
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Which branch of government is responsible for creating statutes?
Which branch of government is responsible for creating statutes?
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What is the role of the judicial branch of government?
What is the role of the judicial branch of government?
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Which of the following is an example of a statute title?
Which of the following is an example of a statute title?
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Which of these is NOT typically a motivator for amending employment statutes?
Which of these is NOT typically a motivator for amending employment statutes?
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What is the role of the lieutenant governor in the context of provincial legislation?
What is the role of the lieutenant governor in the context of provincial legislation?
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What is the primary function of the Constitution Act of 1867?
What is the primary function of the Constitution Act of 1867?
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Which body is NOT part of the federal legislative branch in Canada?
Which body is NOT part of the federal legislative branch in Canada?
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What is the primary role of the courts in the context of administrative law?
What is the primary role of the courts in the context of administrative law?
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Under what circumstances would a court typically intervene in an administrative authority's decision?
Under what circumstances would a court typically intervene in an administrative authority's decision?
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What is the meaning of 'natural justice' within the context of administrative law?
What is the meaning of 'natural justice' within the context of administrative law?
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Which branch of government creates and applies administrative law?
Which branch of government creates and applies administrative law?
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What best describes the concept of ‘delegated power’ in administrative law?
What best describes the concept of ‘delegated power’ in administrative law?
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Which of the following is NOT a required step for a bill to become a federal statute?
Which of the following is NOT a required step for a bill to become a federal statute?
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In Alberta, which body debates and studies a bill before it can become a statute?
In Alberta, which body debates and studies a bill before it can become a statute?
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Which branch of government is primarily responsible for examining a problem and drafting a proposed law?
Which branch of government is primarily responsible for examining a problem and drafting a proposed law?
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Which of these employment relationships in Alberta are primarily regulated by federal statutes?
Which of these employment relationships in Alberta are primarily regulated by federal statutes?
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What role does the Lieutenant Governor play in the Alberta statute process?
What role does the Lieutenant Governor play in the Alberta statute process?
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What are the day-to-day operations of government handled by?
What are the day-to-day operations of government handled by?
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Which of the following is an example of a federal statute that applies to all employees in Canada, including those in Alberta?
Which of the following is an example of a federal statute that applies to all employees in Canada, including those in Alberta?
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Who is the chief executive at the federal level in Canada?
Who is the chief executive at the federal level in Canada?
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Which branch of government is responsible for creating regulations?
Which branch of government is responsible for creating regulations?
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What is the primary function of regulations?
What is the primary function of regulations?
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According to the provided material, what is the basic minimum wage in Alberta for employees?
According to the provided material, what is the basic minimum wage in Alberta for employees?
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What is the minimum wage for students under the age of 18 in Alberta, as per the provided material?
What is the minimum wage for students under the age of 18 in Alberta, as per the provided material?
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What are the formal written decisions made by judges based on?
What are the formal written decisions made by judges based on?
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What is the term for law found in court decisions?
What is the term for law found in court decisions?
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Which of the following best describes the role of lower court judges in relation to higher court judges?
Which of the following best describes the role of lower court judges in relation to higher court judges?
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Which of the following statements about the force of law is most accurate?
Which of the following statements about the force of law is most accurate?
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What is the principle of 'stare decisis' most accurately described as?
What is the principle of 'stare decisis' most accurately described as?
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In the court hierarchy of Alberta, which court holds the highest authority at the provincial level?
In the court hierarchy of Alberta, which court holds the highest authority at the provincial level?
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What is the primary function of legal 'precedents' in the judicial system?
What is the primary function of legal 'precedents' in the judicial system?
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According to the Constitution Act, 1867, what are the two main levels of government in Canada?
According to the Constitution Act, 1867, what are the two main levels of government in Canada?
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What was the key change brought about by the Constitution Act, 1982, regarding Canada's constitution?
What was the key change brought about by the Constitution Act, 1982, regarding Canada's constitution?
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What is the fundamental distinction regarding the application of the Canadian Charter of Rights and Freedoms?
What is the fundamental distinction regarding the application of the Canadian Charter of Rights and Freedoms?
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What is the purpose of Section 1 (the reasonable limits clause) of the Charter?
What is the purpose of Section 1 (the reasonable limits clause) of the Charter?
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If a court finds that a statute violates a Charter right, what must it additionally consider?
If a court finds that a statute violates a Charter right, what must it additionally consider?
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Flashcards
Administrative Law
Administrative Law
Rules created and enforced by government agencies (like boards, commissions, and tribunals) to whom the legislative branch has delegated power.
Administrative Authorities
Administrative Authorities
Government agencies, boards, commissions, and tribunals that implement and enforce laws.
Ensuring Administrative Authorities Stay Within their Power Limits
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
Ensuring Fair Administration of Laws
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Courts' Role in Administrative Law
Courts' Role in Administrative Law
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Canada's Constitution
Canada's Constitution
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Federal System
Federal System
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Branches of Government
Branches of Government
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Legislative Branch
Legislative Branch
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Statutes
Statutes
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Why are employment statutes passed?
Why are employment statutes passed?
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Factors motivating employment statute changes
Factors motivating employment statute changes
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Employment Law
Employment Law
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Bill (Proposed Law)
Bill (Proposed Law)
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Federal Statute (Law)
Federal Statute (Law)
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How Statutes are Made by Parliament
How Statutes are Made by Parliament
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Legislative Assembly of Alberta
Legislative Assembly of Alberta
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Alberta Statute (Law)
Alberta Statute (Law)
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Alberta's Employment-Related Statutes
Alberta's Employment-Related Statutes
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Executive Branch
Executive Branch
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Federal Statutes Applying to All Employees in Canada
Federal Statutes Applying to All Employees in Canada
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Delegated Legislation
Delegated Legislation
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Judicial Decisions
Judicial Decisions
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Common Law
Common Law
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Precedent
Precedent
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Judges
Judges
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Judicial Branch
Judicial Branch
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Stare Decisis
Stare Decisis
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Supreme Court of Canada
Supreme Court of Canada
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Patriation
Patriation
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Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
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Section 1 (Reasonable Limits Clause)
Section 1 (Reasonable Limits Clause)
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Regulations
Regulations
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Notwithstanding Clause (Section 33)
Notwithstanding Clause (Section 33)
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Charter-Based Challenge
Charter-Based Challenge
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Judicial Remedies for Charter Violations
Judicial Remedies for Charter Violations
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Statute Struck Down
Statute Struck Down
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Expanding the scope of Section 15
Expanding the scope of Section 15
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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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