A Guide to Hospitality and Tourism Law in Canada - Chapter 1

A Guide to Hospitality and Tourism Law in Canada 1 A Guide to Hospitality and Tourism Law in Canada Peter Wilson, Paul A. Willie, Jonathan W. Heshka, Mark J. Picone, & Carrie Herzog Copyright © 2021 Emond Montgomery Publications. All rights reserved. ...

A Guide to Hospitality and Tourism Law in Canada 1 A Guide to Hospitality and Tourism Law in Canada Peter Wilson, Paul A. Willie, Jonathan W. Heshka, Mark J. Picone, & Carrie Herzog Copyright © 2021 Emond Montgomery Publications. All rights reserved.  A Guide to Hospitality and Tourism Law in Canada 2 CHAPTER 1 Canada’s Legal Landscape Copyright © 2021 Emond Montgomery Publications. All rights reserved.  A Guide to Hospitality and Tourism Law in Canada 3 Learning Outcomes After reading this chapter, you will understand: What the law is. The sources of Canadian law and their relationship. The organization of Canada’s court and judicial system. How to answer a legal question. Copyright © 2021 Emond Montgomery Publications. All rights reserved.  A Guide to Hospitality and Tourism Law in Canada 4 Chapter Overview Introduction What Is Law? Categorizations of the Law Sources of Law Court System and the Judiciary How to Answer a Legal Question Key Terms Copyright © 2021 Emond Montgomery Publications. All rights reserved.  A Guide to Hospitality and Tourism Law in Canada 5 Introduction The hospitality and tourism sector includes hotels, restaurants, nightclubs, VRBO/Airbnb, casino, tourism operators, and others There are rights and obligations of customers and participants in this sector, and extensive statutory and regulatory requirements Copyright © 2021 Emond Montgomery Publications. All rights reserved.  A Guide to Hospitality and Tourism Law in Canada 6 What Is Law? The body of enforceable rules governing the relationships among and between individuals, organizations, and governments Enforceability distinguishes law from moral and ethical standards Categorizations of law: public law and private law Copyright © 2021 Emond Montgomery Publications. All rights reserved.  A Guide to Hospitality and Tourism Law in Canada 7 Categorizations of the Law Public law: E.g., the Criminal Code and the Income Tax Act Private law: E.g., contracts, property ownership, damage caused between people or their property Consequences of a breach of public law is prosecution to punish the offending party; a breach of private law consequence may include action for compensation Copyright © 2021 Emond Montgomery Publications. All rights reserved.  A Guide to Hospitality and Tourism Law in Canada 8 Sources of Law Constitutional statutes: the Constitution Act, 1867 and the Constitution Act, 1982 Legislation: laws made by lawmaking bodies Common law: a system of rules based on precedent Copyright © 2021 Emond Montgomery Publications. All rights reserved.  A Guide to Hospitality and Tourism Law in Canada 9 Sources of Law (cont’d) Figure 1.1: The Relationship Between the Three Sources of Law Copyright © 2021 Emond Montgomery Publications. All rights reserved.  A Guide to Hospitality and Tourism Law in Canada 10 Sources of Law (cont’d) The Constitution Constitution Act, 1867 established the Dominion of Canada as a federation Constitution Act, 1982 transferred control of the constitution from the United Kingdom to Canada Includes the Charter of Rights and Freedoms and Rights of Aboriginal Peoples of Canada Copyright © 2021 Emond Montgomery Publications. All rights reserved.  A Guide to Hospitality and Tourism Law in Canada 11 Sources of Law (cont’d) Legislation The product of work performed by the Parliament of Canada and the provincial/territorial legislatures Subordinate Legislation: e.g., municipal by-laws See Box 1.5: decision in Ontario Adult Entertainment Bar Association v Metropolitan Toronto, 1997 Copyright © 2021 Emond Montgomery Publications. All rights reserved.  A Guide to Hospitality and Tourism Law in Canada 12 Sources of Law (cont’d) Common Law Law that is not written down as legislation Common law principles or standards must comply with the Constitution; cannot override/disagree with legislation, and can be changed or negated by Parliament or provincial legislatures within their constitutional authority Copyright © 2021 Emond Montgomery Publications. All rights reserved.  A Guide to Hospitality and Tourism Law in Canada 13 Court System and the Judiciary Authority is divided between Parliament and provincial legislatures Superior Courts Inferior Courts Tribunals Copyright © 2021 Emond Montgomery Publications. All rights reserved.  A Guide to Hospitality and Tourism Law in Canada 14 Court System and the Judiciary (cont’d) Court Structure Supreme Court – highest court; does not conduct trials Courts of Appeal – the federal court; each province/territory has one Trial Courts – system of courts in each province/territory Copyright © 2021 Emond Montgomery Publications. All rights reserved.  A Guide to Hospitality and Tourism Law in Canada 15 Court System and the Judiciary (cont’d) Figure 1.3: Outline of Canada’s Court System Copyright © 2021 Emond Montgomery Publications. All rights reserved.  A Guide to Hospitality and Tourism Law in Canada 16 Court System and the Judiciary (cont’d) The Judiciary Trial judge’s decision determines outcome of dispute A judge must: Determine facts based on evidence Apply law to facts Copyright © 2021 Emond Montgomery Publications. All rights reserved.  A Guide to Hospitality and Tourism Law in Canada 17 How to Answer a Legal Question What has happened? What potential legal questions or issues arise? What is the applicable legal test or standard to determine liability? Copyright © 2021 Emond Montgomery Publications. All rights reserved.  A Guide to Hospitality and Tourism Law in Canada 18 Key Terms bicameral, 8 subordinate common law, 18 legislation, 17 convention, 16 unicameral, 16 law, 4 legislation, 16 private law, 5 public law, 5 stare decisis, 18 Copyright © 2021 Emond Montgomery Publications. All rights reserved.