Unit 1

Question 1

What are 3 sources of law?

Answer 1

Common Law
Statutory Law (legislation passed by the gov)
Constitutional

Question 2

Common Law

Answer 2

Judicial decisions dating back hundreds of years

Question 3

The highest court in Ontario is

Answer 3

The Ontario Court of Appeal.

Question 4

The court system

Answer 4

• 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.

Question 5

Tribunals

Answer 5

• 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.

Question 6

Disputes totaling less than _______ are heard in the Small Claims Court

Answer 6

$35,000

Question 7

Precedent

Answer 7

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.

Question 8

Canada’s system of governance as a federal state is

comprised of 3 essential branches.

Answer 8

Executive
Legislative
Judicial

Question 9

The Executive Branch

Answer 9

• 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.

Question 10

The Cabinet

Answer 10

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.

Question 11

Responsibilities of the executive branch include:

Answer 11

• 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.

Question 12

The Legislative Branch

Answer 12

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.

Question 13

The Judiciary

Answer 13

• 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.

Question 14

Stare decisis

Answer 14

• 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.

Question 15

The Labour Relations Act

Answer 15

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.

Question 16

The British North America Act of 1867 and the

Constitution Act, 1982 (BNA Act Act)

Answer 16

Collectively the highest law of the land and outline the responsibilities of the federal and the provincial governments.

Question 17

The Workplace Safety and Insurance Act WSIA

Answer 17

Does not directly compensate employees for work related accidents and diseases.

Rather, instead of having employees with work related injuries sue their employer for compensation, the Workplace Safety and Insurance Act and its related tribunal offer a mechanism for dealing with those types of disputes.