LAW 529 Lecture Notes - Lecture 1: Constitution Act, 1982, Precedent, Wrongful Dismissal
Document Summary
Has a tort been committed: discuss the law relevant to the issue, refer to supporting legal authorities. Are there statutes, legal tests, rules or criteria that apply: apply the law to the facts, determine the likely decision, decisions are not simply the personal opinion of the judge. Judicial framework: most employment law statutes have separate officials or tribunals to deal with any complaints of contravention (e. g. , employment standards officers, Constitution: all legislation and the common law must conform to the constitution. The constitution is the dominant source of canadian law. Toronto electric commissioners v. snider, [1925: an exception exists for organizations of national importance. The constitution act, 1982: established and confirmed the essential rights and freedoms of all canadians through the canadian charter of rights and freedoms (the charter). Introduced as part of the repatriation of the canadian constitution: establishes or confirms certain basic rights and freedoms of canadians;