Unit 1 Flashcards
What are 3 sources of law?
Common Law
Statutory Law (legislation passed by the gov)
Constitutional
Common Law
Judicial decisions dating back hundreds of years
The highest court in Ontario is
The Ontario Court of Appeal.
The court system
- Provide protection to workers in an unequal bargaining relationship with their employer.
- Courts operate as a safety net to intervene where necessary to protect prescribed rights.
Tribunals
- They are informal dispute resolution mechanisms created by statutes.
- Are not courts
- The Ontario Superior Court hears the majority of legal decisions outside of a tribunal.
- Employment disputes that do not fall into tribunal jurisdiction will fall within the jurisdiction of the Superior Court.
Disputes totaling less than _______ are heard in the Small Claims Court
$35,000
Precedent
The court system is hierarchical - higher court decisions are binding on lower courts.
Ontario Court of Appeal decisions are binding on all courts in Ontario since its the highest court in Ontario.
Canada’s system of governance as a federal state is
comprised of 3 essential branches.
Executive
Legislative
Judicial
The Executive Branch
- Crown (the Governor General at the federal level;
Lieutenant Governor of Ontario at the provincial level). - Prime Minister or Premier (the Head of Government)
- The Cabinet
- The executive branch makes and implements decisions required to maintain the rule of law and the well-being of Canadians.
The Cabinet
The Cabinet is the key decision decision-making forum in the Canadian government.
• Members are selected by the Prime Minister at the federal level, or by the Premier at the provincial level.
Responsibilities of the executive branch include:
• Administering and enforcing the laws that have
been passed by the legislature.
• Overseeing the public service and many of the
agencies, boards, and commissions that govern
the area of employment law.
The Legislative Branch
Has the ability to make, amend, or repeal laws.
Federal: Monarch, Senate, House of Commons
Ontario: The Legislative Assembly of Ontario, or Parliament of Ontario (similar to the House of Commons at the federal level).
• The Lieutenant Governor of Ontario.
• There is no senate at the provincial level.
Check the workbook on more info.
The Judiciary
- Consists of judges and courts that interpret the laws passed by the legislature.
- This branch also plays an important function in interpreting the Constitution.
- Decisions made in the Judicial branch contribute to the Common Law.
Stare decisis
- This is the doctrine of precedent, where similar cases are decided in a similar way.
- This concept helps the courts and tribunals make determinations in employment situations that are similar.
- This concept allows employers and HR professionals to plan appropriately in order to avoid legal disputes and, if necessary, resolve them out of court.
The Labour Relations Act
The Labour Relations Act sets the minimum requirements that are required in a collective agreement.
Deals with the collective bargaining process and the right of employees to unionize.