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ELW4 Ch1

The document provides an overview of employment law in Canada, detailing its sources including statute law, constitutional law, and common law. It explains the process of how statute law is made, the jurisdiction and interpretation of legislation, and key employment statutes at both provincial and federal levels. Additionally, it highlights the Canadian Charter of Rights and Freedoms and its impact on employment law, as well as the hierarchical court system and resources for locating employment laws.

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7 views18 pages

ELW4 Ch1

The document provides an overview of employment law in Canada, detailing its sources including statute law, constitutional law, and common law. It explains the process of how statute law is made, the jurisdiction and interpretation of legislation, and key employment statutes at both provincial and federal levels. Additionally, it highlights the Canadian Charter of Rights and Freedoms and its impact on employment law, as well as the hierarchical court system and resources for locating employment laws.

Uploaded by

4nnie.nymou5
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
You are on page 1/ 18

1

CHAPTER 1
Overview of Employment Law

Copyright © 2021 Emond Montgomery Publications. All rights reserved.


2

Sources of Employment Law


• Statute law—authored by Parliament and
legislatures
• Constitutional Law—the Canadian Charter of
Rights and Freedoms
• Common law—based on written decisions of
judges

Copyright © 2021 Emond Montgomery Publications. All rights reserved.


3

Statute Law: How it is Made


• Public Bills

• First reading: introduction by Cabinet minister

• Second reading: debate of the bill in principle leading to

a legislative vote
• If it passes, a legislative committee discusses it clause by clause

• Third reading: final vote by legislature

• Royal assent: upon signature by the lieutenant

governor, the bill becomes a statute


Copyright © 2021 Emond Montgomery Publications. All rights reserved.
4

Statute Law: How it is Made (cont’d)


• Private Bills
• Non-public matters are covered, such as changes to
corporate charters
• Private Members’ Bills, a.k.a. Members’ Bills
• Public matters are covered
• A private member of the legislature (MLA) introduces
the bill
• A private member is not a cabinet minister: a “backbencher” in
the ruling party, or a member of an opposition party
• Its chances of being passed are low
Copyright © 2021 Emond Montgomery Publications. All rights reserved.
5

Statute Law: Acts and Regulations

• Statutes (also referred to as Acts) contain the


main requirements of the law
• Regulations contain the detailed requirements
and can be changed without amending the
statute
• Together, statutes and regulations are called
“legislation”

Copyright © 2021 Emond Montgomery Publications. All rights reserved.


6

Statute Law: Jurisdiction and Interpretation

• Judges and members of administrative tribunals


interpret legislation while adjudicating cases
• Jurisdiction: The authority to interpret legislation
is established by the statute; establishes:
• Who can adjudicate

• The issues that can be adjudicated

• The geographic region to which the statute applies

• Several statutes may apply to a single situation


Copyright © 2021 Emond Montgomery Publications. All rights reserved.
7

Statute Law: Rules for Interpretation of Statutes

• Mischief Rule
• What problem was the statute originally intended to
address?
• Internal Aids
• What does the preamble to the statute say?

• Definitions within statute of terms

• External Aids
• What do scholarly articles and dictionaries suggest?
Copyright © 2021 Emond Montgomery Publications. All rights reserved.
8

Authority to Pass Legislation


• According to the terms of the British North America Act
(now called Constitution Act, 1867), Canada is a federal
state with two levels of government
• Provincial government: covers about 90 percent of employees

• Federal government: covers 10 percent of employees working in


industries of “national importance” such as banking, shipping, and
broadcasting

• Under delegated authority granted by provincial


legislation, municipalities can also pass laws (“bylaws”)
that affect employers and employees
Copyright © 2021 Emond Montgomery Publications. All rights reserved.
9

Key Employment Statutes


Alberta (AB) British Columbia (BC)
• Employment Standards Code • Employment Standards Act

• Human Rights Act • Human Rights Code

• Labour Relations Code • Labour Relations Code

• Occupational Health and • Occupational Health &


Safety Act & Regulation Safety Regulation
• Workers’ Compensation Act • Workers’ Compensation Act
• Personal Information • Personal Information
Protection Act Protection Act
Copyright © 2021 Emond Montgomery Publications. All rights reserved.
10

Key Federal Employment


Statutes
• Canada Labour Code

• Canadian Human Rights Act

• Employment Equity Act

• Personal Information Protection and Electronic


Documents Act (PIPEDA)
• Canada Pension Plan

• Employment Insurance Act


Copyright © 2021 Emond Montgomery Publications. All rights reserved.
11

Canadian Charter of Rights and Freedoms

• Passed in 1982, the Charter sets out a broad


range of rights, including equality rights
• It only applies where there is an element of
government activity
• It is “supreme law”—meaning that it can override
any legislation or government action that is
inconsistent with its principles
Copyright © 2021 Emond Montgomery Publications. All rights reserved.
12

Canadian Charter of Rights and Freedoms


(cont’d)

A key provision is section 15(1):

Every individual is equal before and under the law and


has the right to the equal protection and equal benefit of
the law without discrimination and, in particular, without
discrimination based on race, national or ethnic origin,
colour, religion, sex, age, or mental or physical disability

Copyright © 2021 Emond Montgomery Publications. All rights reserved.


13

Vriend v Alberta
• Vriend was a teacher at a Christian college in Alberta who
had consistently received positive performance
evaluations. When the college found out he was gay, he
was terminated. The Human Rights Commission did not
accept his claim because sexual orientation was not a
protected ground in Alberta’s human rights legislation.
• Issue: Was the omission of sexual orientation as a
prohibited ground of discrimination in Alberta a violation of
section 15 of the Charter and therefore unconstitutional?

Copyright © 2021 Emond Montgomery Publications. All rights reserved.


14

The Charter’s Effect on Employment Law

• An employment law may be challenged on the basis that it


violates a right or freedom guaranteed by the Charter
(e.g., M v H—see page 14)
• Infringement of individual rights may be allowed (s 1)
where the infringement is a “reasonable limit in a free and
democratic society” (e.g., R v Oakes—see page 15)
• Notwithstanding clause (s 33)

Copyright © 2021 Emond Montgomery Publications. All rights reserved.


15

The Common Law


• Judge-made law is a separate source of law from
statute law and is “residual” in nature
• Common law decisions are based on precedent

• Principles of the common law include:


• Stare decisis

• Binding

• Persuasive

• Distinguishable

• Watershed decisions
Copyright © 2021 Emond Montgomery Publications. All rights reserved.
16

Common Law and Employment


Two main branches of the common law affect employment:

1. Contract Law: to be valid, an agreement requires an


offer, acceptance, and consideration
• Damages may be awarded to put plaintiffs in the same position
they would be in if the contract had not been breached

2. Tort Law: provides a remedy for a civil wrong other than


a breach of contract, such as defamation, negligence,
or assault
• Damages may be awarded for losses suffered as a result of the
defendant’s conduct
Copyright © 2021 Emond Montgomery Publications. All rights reserved.
17

Hierarchical Court System


• Supreme Court of Canada

• Court of Appeal

• Superior Courts

• Special Jurisdiction Courts

• Administrative Tribunals
• Most employment statutes are administered by
specialized commissions and boards
• Specialized tribunals interpret and enforce the statutes

Copyright © 2021 Emond Montgomery Publications. All rights reserved.


18

Locating Employment Laws


• http://laws.justice.gc.ca
• Federal Department of Justice website

• canlii.org
• Canadian Legal Information Institute

• www.qp.alberta.ca/laws_online.cfm

• www.bclaws.ca

• Digests, textbooks, loose leaf reporting services,


newsletters
Copyright © 2021 Emond Montgomery Publications. All rights reserved.

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