Canadian legal and employment system Flashcards
Module 1
What is the assumption behind the Canadian regulatory system?
It assumes that unregulated freedom of contract can lead to unacceptable outcomes due to inherent power imbalances between parties.
Which employment relationships are the most heavily regulated?
Employment relationships are among the most heavily regulated, with legislation setting minimum standards like vacation entitlements and wage regulations.
What is the difference between federal and provincial jurisdiction in employment matters?
Federal jurisdiction covers government employees, Crown corporations, and federally regulated industries (e.g., airlines, banks), affecting about 8% of workers. Provincial jurisdiction applies to most other employment matters, covering 90%+ of workers.
What are some examples of federally regulated employment matters?
Examples include contributions to the Canada Pension Plan (CPP) and Employment Insurance (EI), with specific percentage caps for contributions and benefits.
Name three key sources of employment legislation in Saskatchewan.
1) Human Rights Code, 2) Employment Act, 3) Occupational Health & Safety standards.
Provide examples of minimum employment standards defined in legislation.
- Minimum wage and overtime pay
Minimum vacation entitlement
Various types of leave (e.g., maternity, adoption, bereavement)
What are some groups with different employment protections?
Examples include managers (no overtime pay), farm laborers (minimum wage exemptions), and students doing unpaid internships.
What challenges exist in enforcing employment standards?
Challenges include fear of reprisal, cultural/language barriers, lack of documentation, and small firms’ limited knowledge of compliance.
How is jurisdiction determined in transnational employment cases involving Canadian organizations?
Courts consider factors like extraterritorial reach, forum convenience, and whether Canadian laws apply to actions abroad.
What are some contemporary challenges in employment law?
Examples include drug testing policies, workplace privacy concerns, and off-duty social media conduct.
How do common law and civil law differ?
Common law is based on past cases and applies the concept of precedent, while civil law relies on statutes and does not apply precedent.
What is the concept of ‘stare decisis’ in common law?
‘Stare decisis’ means to stand by previous decisions, binding courts within the same jurisdiction to higher courts’ rulings.
What are the sources of law in the employment context?
- Regulatory regime (e.g., statutes)
Common law (e.g., contract interpretation)
Collective bargaining agreements
What perspectives exist on employment law?
Perspectives range from neoclassical (minimal regulation) to critical reformist (strong regulation for disadvantaged groups).
What are the key elements of forming an employment contract?
- Intention
Offer and acceptance
Consideration
Legal capacity and legality
What makes the employment contract unique?
It’s heavily regulated, lacks equal bargaining power, often includes implied terms, and is impacted by collective bargaining agreements.
What international agreements influence Canadian employment law?
Key agreements include CUSMA (updated NAFTA standards) and CETA (implementation of ILO Conventions).
