Law Unit 5 Test Flashcards

1
Q

Give an example of some of the first National Parks in Canada.

A

One of the first National Parks in Canada was the Banff National Park.

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2
Q

What is a public nuisance?

A

A public nuisance is an interference with a public right, such as the right to fish or the right of navigation.

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3
Q

What is a Riparian Right?

A

The right of an owner of land bordering on a lake, river, or stream to sue another person who interferes with the quantity or quality of the water.

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4
Q

When was the EPA first introduced?

A

The Environmental Protection Act was first introduced in 1971.

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5
Q

What is the Paris Agreement?

A

The Paris Agreement’s central aim is to strengthen the global response to the threat of climate change by keeping a global temperature rise this century well below 2 degrees Celsius above pre-industrial levels and to pursue efforts to limit the temperature increase even further to 1.5 degrees Celsius.

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6
Q

How will entering into an International Climate Agreement help fight climate change?

A

Entering an international climate agreement helps fight climate change by:
- Global Cooperation: Countries work together to reduce emissions.
- Setting Targets: Nations commit to and update emission reduction goals.
- Accountability: Mechanisms ensure countries follow through on commitments.
- Financial Support: Developed nations help fund climate action in developing countries.

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7
Q

Injunction:

A

A court order to prevent or stop someone from doing something; it may be a temporary order, effective until trial when it may or may not be made permanent.

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8
Q

Negligence:

A

An act committed without intention to cause harm, but which a reasonable person would anticipate might cause harm.

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9
Q

Private nuisance:

A

An indirect interference with the use and enjoyment of land due to the actions or conduct of someone nearby.

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10
Q

Public nuisance:

A

An interference with a public right, such as the right to fish or the right to navigation.

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11
Q

Trespass:

A

The direct interference with land that is owned or occupied by another person.

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12
Q

EPA:

A

Environmental Protection Acts

The Ontario Protection Act’s stated purpose is to “provide for the protection and conservation of the environment.” Its focus is rather narrow though, it regulates the actual and potential sources of contaminants.

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13
Q

What is the ESA?

A

EMPLOYEE STANDARDS ACT

A labour code legislation that imposes the minimum standards for the treatment of employees. This applies to all contracts of employment where work is performed in Ontario.

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14
Q

Why was the ESA put into place?

A

To even out the negotiating power imbalance between employers and employees by establishing minimum standards for a number of contract issues.

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15
Q

Why do we have Worker’s Compensation?

A

To compensate people who have been hurt or become sick because of conditions at the work site (or also because of their dependants or supervisors.)

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16
Q

How does the Human Rights Code apply to the workplace?

A

Guaranteed under the charter, in a provincial context, the Ontario Human Rights Code applies to prohibit discrimination in the workplace. Ie. on the basis of - race, citizenship, sex, sexual orientation, age, etc.

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17
Q

What is the “Gender Gap”?

A

Women on average still earn less money than men do, even when they work in the same industry.

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18
Q

Why do workers dislike “Scabs” so much?

A

Scab: A derogatory term used to describe a worker hired as a temporary replacement during a strike or lock-out.

Disliked because… they are a major irritant in the bargaining process.
- Employers may feel that, if the plant can be kept running and they continue to earn profits, they can put further pressure on the union to settle, as the striking workers receive only strike pay from their union.

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19
Q

What is working to rule?

A

A form of work slowdown in which employees apply the workplace rule literally, with the intention of
making the workplace less efficient.

  • Refuse to perform informal functions (that they normally do) - ie. working overtime
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20
Q

What is the impact that technology has had on certain sectors of the workforce?

A

Job Replacement: Traditional jobs replaced by personal computers, telecommunications, and robotics.

Productivity Increase: Companies using new technologies are more productive and efficient.

New Jobs: Emergence of tech-related jobs (e.g., web design, computer programming) in the knowledge sector.

Work Hours: Employees are working longer hours and facing more stress.

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21
Q

Inalienable:

A

Cannot be surrendered or transferred.

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22
Q

Wildcat strike:

A

A wildcat strike is a strike action undertaken by unionized workers without union leadership’s authorization, support, or approval; this is sometimes termed an unofficial industrial action. This can happen when a workplace incident such as the firing of a popular union activist triggers an angry reaction and a wildcat strike.

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23
Q

Trade Union:

A

A group of workers who form an organization to bargain collectively with employers to improve working conditions, benefits, and wages.

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24
Q

Rand Formula:

A

The requirement that, in a bargaining unit in which the majority vote to join a union, all members must pay union dues whether or not they join the union.

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25
Q

Binding Arbitration:

A

A process in which a neutral third party, the arbitrator, hears from union and management representatives and makes a final decision that both sides must accept.

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26
Q

Collective Bargaining:

A

A process in which individual workers in a union negotiate a contract between the union and the employer covering their wages, hours of work, and working conditions.

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27
Q

Scab:

A

A derogatory term used to describe a worker hired as a temporary replacement during a strike or lock-out.

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28
Q

The Environmental Movement

A
  • European settlers viewed the continent as a natural resource to be exploited by their homelands
  • Over time, however, people began to raise concerns about the long-term future of natural resources and the health of the physical environment
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29
Q

First Steps… - The Environmental Movement

A
  • The first steps to preserve the environment were taken in the 1880s when individual groups began lobbying for the conservation and preservation of unspoiled wilderness areas
    Ex. the Sierra Club
  • In 1885 the Canadian National Park System began in Banff National Park when land was set aside for public use
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30
Q

But still, a long way to go…
- The Environmental Movement

A
  • By the middle of the 20th century government and private companies still saw economic growth as more important than environmental protection and preservation
  • Even now governments still pay more attention to economic growth than environmental concerns, even with the evidence of global warming and resource depletion.
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31
Q

Give an example of some of the first National Parks in Canada.

A

One of the first National Parks in Canada was the Banff National Park.

32
Q

What is a public nuisance?

A

A public nuisance is an interference with a public right, such as the right to fish or the right of navigation.

33
Q

What is a Riparian Right?

A

The right of an owner of land bordering on a lake, river, or stream to sue another person who interferes with the quantity or quality of the water.

34
Q

When was the EPA first introduced?

A

The Environmental Protection Act was first introduced in 1971.

35
Q

What Canadian town was affected by an e coli outbreak that killed many people?

A

The town of Walkerton, Ontario was affected by an E. coli outbreak that killed many people.

36
Q

Standing:

A

A legal right to sue. A person who tries to bring suit where he or she has no standing will have the action dismissed.

37
Q

Negligence:

A

An act committed without intention to cause harm, but which a reasonable person would anticipate might cause harm.

38
Q

Legislative Authority:

A

The power conferred on a person (usually a public body) to do something that would otherwise be prohibited by the common law.

39
Q

Statutory Authority

A

Protection afforded by law; e.g., when a statute requires or authorizes a government agency to carry out an activity, the agency is deemed to be protected from civil liability related to that activity.

40
Q

Injunction:

A

A court order to prevent or stop someone from doing something; it may be a temporary order, effective until trial when it may or may not be made permanent.

41
Q

What is the Environmental Bill of Rights?

A

Ontario’s Environmental Bill of Rights (EBR) was passed in 1993 after lobbying by environmental groups. It represented a radically new approach, describing environmental concerns in terms of human rights. The EBR is designed to empower members of the public in their efforts to take responsibility for the protection of the environment - for themselves and for future generations.

42
Q

What are some problems with it?

Environmental Bill of Rights

A

The EBR has resulted in very few actual investigations.
- Expansion of access to the courts was welcome, but lawsuits are expensive.
- Without dependable financial assistance for those who start environmental lawsuits, these new rights are unlikely to be widely used.

The scope of the EBR’s application was severely curtailed in 1996 by the passage of the Ontario Savings and Restructuring Act (SRA), an omnibus act that made changes to several different Ontario statutes.
- Changed the way in which environmental decisions are made in Ontario.

43
Q

What changes in government policy, especially in Ontario, resulted in weaker protection for the environment?

A

The passage of the Ontario Savings and Restructuring Act (SRA), an omnibus act that made changes to several different Ontario statutes, resulted in weaker protection of the environment.
- It changed the way in which environmental decisions are made in Ontario.
- It delegated what were previously provincial government decision-making roles-and thereby subject to the EBR- to municipalities and their conservation authorities, with are not subject to the legislation.
- This effectively put a large number of environmental decisions beyond the reach of public intervention through the EBR.

44
Q

A Century of Change
- Labour Law

A

Over the last 100 years, the governments both Federal and Provincial have enacted many laws pertaining to the workforce
- Minimum wage
- Employment standards
- Occupational health and safety
- Human Rights
- Workers Compensation

45
Q

During the 1870’s there was a shift in the working populations from…

A

rural areas to urban ones.

46
Q

The First Labour Laws

A

Ontario and Quebec governments enacted the first labour laws in the 1880’s with the introduction of child labour laws. (boys under 12 and girls under 14 were prohibited from working in factories with more than 5 people)

47
Q

All provinces had passed laws for…
- Labour Law

A

the protection of miners by the early 20th century

48
Q

The Great Depression brought…

A

…about another wave of legislation on labour.

  • Minimum wage,
  • less hours in the work week,
  • severance pay and other legislation was put into place.
49
Q

Safety in the Workplace

A
  • The risks that accompany employment are as varied as jobs themselves
  • The government cannot regulate all workplace risks
  • At the Federal and Provincial levels workplace risks have been the responsibility of the employer and the employee
  • Legislation to assist each party has been enacted in each province
50
Q

Past to Present - Labour Law

A
  • During the Industrial Revolution workplace safety was not a real concern with employers
  • Working 18 hrs plus per day
  • 50 hrs plus per week
  • Children were used to work with heavy machinery because of their size
  • Death rates were high in factories
51
Q

Not so “Fun Facts” about the Industrial Revolution

A

The youngest children in the textile factories were usually employed as scavengers and piecers. Piecers had to lean over the spinning-machine to repair the broken threads. Scavengers had to pick up the loose cotton from under the machinery. This was extremely dangerous as the children were expected to carry out the task while the machine was still working

To overcome labour shortages factory owners had to find other ways of obtaining workers. One solution to the problem was to obtain children from orphanages and workhouses.

Mothers with young babies (newborn to 3) would dose their children with opium, swaddle them tightly and hang them up at home alone while they worked a twelve hour shift.

That the annual loss of life from filth and bad ventilation are greater than the loss from death or wounds in any wars in which the country has been engaged in modern times.
- That of the 43,000 cases of widowhood, and 112,000 cases of destitute orphanage relieved from the poor’s rates in England and Wales alone, it appears that the greatest proportion of deaths of the heads of families occurred from the above specified and other removable causes; that their ages were under 45 years

52
Q

Change is Good
- Labour Law, Industrial Revolution

A

As time passed workers began to see how dangerous their jobs were.

The life expectancy for the average adult male factory worker was 45 years

As workers began banding together their unity helped bring about change in the workplace, not only with wages but also with safety issues

53
Q

Enforcement - Labour Law

A

Today in Ontario, legislation has been passed that regulates and helps prevent workplace risks. (The Occupational Health and Safety Act)

The Ministry of Labour enforces this act.

Those who do not comply will be fined, or if it persists, will have to close down.

54
Q

Gender Equality in the Workplace…

A

The “Gender Gap” still exists

While this gap has been closing over the past three decades it still exists today

Women on average still earn less money than men do, even when they work in the same industry

It is illegal to pay women less money for doing the exact same job as a man.

So how does this Gender Gap exist????
- Certain jobs are still strongly gender biased
- Human Resources Vs Technical Support
- Who gets the CEO job??
- What is systemic discrimination?

55
Q

Enforcement
Against the Gender Gap

A
  • Ontario has tried to address this type of discrimination with the “Pay Equity Act”
  • It is very difficult to enforce, but it makes employers look at their pay practices
  • It should be “Equal Pay for Work of Equal Value”
56
Q

Unions

A
  • When you hear about unions or that there is a union out on strike, what first comes to your mind?
  • What stereotypes does the general society sometimes have about unions?
57
Q

The Emergence of Trade Unions

A
  • During industrializations workers did not have many rights in the factories. It was either put up with unsafe work environments or starve.
  • Trade unions (workers banding together to bargain for better working conditions) came about during the mid 19th century in Canada.
  • Labour Relations in Canada have tended to be adversarial in nature
  • Employers resisted unions in the beginning because they felt they were not able to freely manage their companies as they had before
58
Q

On Strike!!!

A
  • The main tool union workers could us to force employers to accede to their demands was to withdraw their labour
  • They could meet with the employer and collectively bargain the workers back to their jobs
  • The problem was…collective bargaining (up until the mid 19th century) was illegal
  • Prosecution and imprisonment of trade union members was allowed. The end result was job loss and dissolution of the union
  • Nevertheless, trade unions continued to grow in the 1860’s in Canada
  • As the number of strikes continued to grow, it forced the Federal Government to look into the process
  • Following the Royal Commission Inquiry of 1886, which reviewed the appalling working conditions that most employees found themselves in, the government established Labour Day.
  • Although the Federal government was changing legislation on workers rights, the companies were slower to pick up the pace
59
Q

What have Unions Done for Us?

A

Unions raise wages
Unions reduce wage inequality
Strong unions set a pay standard that non-union employers follow
The impact of unions on total non-union wages is almost as large as the impact on total union wages.
The most sweeping advantage for unionized workers is in fringe benefits.
Paid leave
Pensions Plans
Health Care Benefits
Paid vacation time
Weekends
40 hour work weeks
Safer working environments
And so on, and so on………..

60
Q

Trade Union Recognized

A

WWII brought in important legislation (The Collective Bargaining Act)

The reason???? Labour shortages!

More people were needed in the factories, because of the great need for skilled labour unions were able to bargain for workers rights

61
Q

Mobsters and Unions: the corruption in the labour movement
Raceteering

A
  • After Prohibition ended in 1933 (USA), major criminal organizations diversified and became increasingly powerful in the process
  • An increasingly significant area of enterprise during this period was “racketeering.”
  • While the term may be defined many different ways, it generally refers to the variety of means by which organized crime groups, through the use of violence (actual or implied), gain control of labour unions or legitimate businesses
  • the relationships that joined organized crime groups to unions or legitimate business were mutually advantageous.
  • The leadership of a labour union, for example, might seek to exploit the violent reputation of those involved in organized crime in order to pressure an employer to meet a demand for concessions.
62
Q

Trade Union:

A

a group of workers who form an organization to bargain collectively with employers to improve working conditions, benefits and wages

63
Q

Adversarial:

A

a relationship in which the parties have clearly opposing interests and positions

64
Q

Strike:

A

withdrawal of labour by workers during negotiations for a contract, a tactic designed to pressure employers to reach a new agreement

65
Q

Collective Bargaining:

A

a process in which individual workers in a union negotiate a contract between the union and the employer covering their wages, hours of work and working conditions

66
Q

Winnipeg General Strike:

A
  • Happened in 1919 and is considered one of the most significant events in the labour movement in Canada
  • Because of the demonstration of worker solidarity
  • WW1 had ended in 1918 and soldiers returning in Canada were unwilling to accept the low wages and long hours of work that prevailed before the war
  • In March 1919, there was a movement in Western Canada to form One Big Union (OBU).
    The organizers of this union wanted to unite all workers, skilled and unskilled, from all industries into one labour union
  • The main focus was the acceptance of the necessity for a general strike of all workers to obtain fair wages, the right to collective bargaining and the right to safe workplaces
67
Q

Binding Arbitration:

A

A process in which a neutral third party, the arbitrator, hears from union and management representatives and makes a final decision that both sides must accept

68
Q

Rand Formula:

A

the requirement that, in a bargaining unit in which the majority vote to join a union, all members must pay union dues whether or not they join the union

69
Q

Wildcats Strike:

A

an illegal strike that occurs while a collective agreement is still in force

70
Q

Labour Relations Act:

A
  • Ontario’s act governing labour relations for several decades
  • It includes regulations for a union to be certified as the bargaining agent for a group of workers, procedures for the negotiation of collective agreements, items that can be included in a collective agreement, guidelines for the operation of collective agreements, unfair practices by employers and employees and regulations regarding work stoppages
71
Q

Conciliation:

A

An attempt to settle a contract dispute with the help of a government-appointed officer who meets with the parties during negotiations

This process is required prior to a union strike or a lock-out by an employer

72
Q

Mediation:

A

a voluntary process that may follow conciliation, in which a third party attempts to help the parties reach an agreement before or during a strike or lock-out

73
Q

Bargain in Good Faith:

A

negotiate with the honest intention of reaching a collective agreement

74
Q

Lock-out:

A

an action in which an employer locks employees out of the workplace to pressure them to reach an agreement on a new contract

75
Q

Scab:

A

a derogatory term used to describe a worker hired as a temporary replacement during a strike or lockout

76
Q

Working to Rule:

A

a form of work slowdown where employees apply the collective agreement and workplace rules literally, with the intention of making the workplace less efficient

77
Q

Grievance:

A
  • Once a collective agreement is in place, the union and the employer need a mechanism to resolve disputes that arise under the contract agreement
  • These disputes are called grievances