Key Terms Flashcards
Constitution Definition
Legal framework outlining:
- The operation of the government,
- Its authority
- The limitations of that authority
- And (in a federal state) the division of powers between the federal and provincial/state governments.
Conventions Definition
- Rules of behaviours that are historically accepted, though not always legally enforced, and that often influences the content of treaties between nations.
- Formal agreements between two or more nations.
Statutes Definition
A law that is enacted by a government.
Common Law Definition
- A system of legal principles based on custom and past legal decisions; also called “judge-made law” or “case law.”
- The law that came to Canada from Britain
- The law that is common to all
Intra Vires Definition
A Latin term meaning “within the powers” referring to a law that is within the jurisdiction of the government or the courts.
Ultra Vires Definition
A Latin term meaning “beyond or outside the power” referring to a law that may exceed the powers of the court or the government.
Pith and Substance Definition
The overriding purpose
or intent of the law,
which must be determined when it covers two identifiable powers
of a federal and provincial nature.
Referendum Definition
The process of referring a political or policy question to the electorate for a direct vote.
Bona Fide Occupational Requirement Definition
- A provision that is deemed necessary in order to perform a job safely and efficiently;
- In a discrimination complaint, it can be used to justify a particular job requirement that may otherwise be perceived as discriminatory.
Accommodation Definition
The adaptation of an existing requirement or condition by an employer to enable an employee to carry out the essential aspects of a job.
Direct Discrimination Definition
A practice or behaviour that is overt and clearly discriminatory.
Adverse-Effect Discrimination Definition
A requirement or standard that may outwardly appear neutral but is, in fact, discriminatory in effect toward an individual or group.
Undue Hardship Definition
In a discrimination case, the negative effect on a business, which the employer must prove, of accommodating the needs of a person by being too costly or producing health or safety risks.
Mediation Definition
A dispute resolution process, whereby a neutral third party, called a “mediator,” facilitates the settlement of an argument between two or more parties.
Conciliation Definition
A voluntary method of settling disputes whereby a neutral third party assists the parties involved to identify and discuss the issues, and then to resolve the conflict.
