COMMERCE 2BC3 Midterm: Legal Issues
25 Jun 2018
School
Department
Course
Professor
The Legal System in Canada
British North American (BNA) (1867)
•
Delineates constitutional rights which can't be impinged upon, all laws must follow
1.
Establishes legislative, executive, and judicial branches of government
2.
Divides power between federal government and the provinces
3.
10% of Canadians (employees of federal government, crown corps, airlines, national
railways, TV and radio, telecom, FN, federally regulated industries like mining) are
governed by federal labour legislation
a.
90% of Canadians (retail, hospitality, healthcare, education, most manufacturing)
governed by provincial labour legislation
b.
In labour law:
Canadian Charter of Rights and Freedoms is entrenched
•
Protects fundamental freedoms (2), democratic (3-5), mobility (6), legal (7-14), equality(15*),
rights (16-22), and aboriginal rights (25) as well as enforcement (1,33)
•
Constitution Act (1867) is the "supreme law"/ constitution, applies only to government actions
•
*Little direct effect but a lot of indirect
•
HRM Implications
Freedom of Association (2) > labour relations
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Right to organize and belong in a union
•
○
Reversed in 2007
Right to collectively bargain and strike were not fundamental freedoms
•
•
1987 Supreme Court Decision:
Other components: statutes or legislation (written laws by federal or provincial parliaments)
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Of note: contract law, dealing with employment contracts, collective agreements, etc.
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Two distinct legal systems: common law (precedent, based on judge decisions) and civil code
(Quebec, systematic collection of laws)
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Federal - Canadian Human Rights Act (1978)
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Provincial - Ontario Human Rights Code (1990)
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2 levels of legislation
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Prohibited Grounds of Discrimination
Purpose of HR Legislation is to prohibit discrimination in employment and in the provision of G&S,
and to provide equal employment opportunities to members of protected groups
•
Two distinct levels of legislation, Canadian Human Rights Act (1978), and the Ontario Human Rights
Code (1990)
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Race or colour, ethnic or national origin, creed or religion, sex/gender, sexual orientation,
marital status, age, disability
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Slight variations between federal and provincial legislation
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Jones v. Shopper's Drug Mart (religion)
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46/250 employees had disabilities (currently 82), found that absenteeism was 85%
lower than other 200 employees, turnover rate was < 30% compared to 55% for other
employees
○
Mark Wafer - Tim Horton's Franchisee
•
Developed glaucoma and after returning to work, she implemented more accessibility
programs for employees
○
Pina D'Intino - Scotiabank
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CHRA and OHRC prohibits discrimination in areas such as employment:
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Types of Discrimination
Restriction, preference or distinction based on a prohibited ground which results in unequal
treatment and denies an individual his or her right to equal protection and benefits of guaranteed
human rights
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A rule, practice, preference or restriction that on its face treats a person differently based on
a prohibited ground
Direct (Intentional) Discrimination
•
Legal Issues
July 10, 2017
4:03 PM
Human Resources Management and Labour Relations Page 1
Document Summary
Constitution act (1867) is the "supreme law"/ constitution, applies only to government actions. Delineates constitutional rights which can"t be impinged upon, all laws must follow. Establishes legislative, executive, and judicial branches of government. Divides power between federal government and the provinces. 10% of canadians (employees of federal government, crown corps, airlines, national railways, tv and radio, telecom, fn, federally regulated industries like mining) are governed by federal labour legislation. 90% of canadians (retail, hospitality, healthcare, education, most manufacturing) governed by provincial labour legislation. Canadian charter of rights and freedoms is entrenched. Protects fundamental freedoms (2), democratic (3-5), mobility (6), legal (7-14), equality(15*), rights (16-22), and aboriginal rights (25) as well as enforcement (1,33) *little direct effect but a lot of indirect. Freedom of association (2) > labour relations: 1987 supreme court decision: Right to organize and belong in a union. Right to collectively bargain and strike were not fundamental freedoms.
