Question

Question 1

The Canadian Charter of Rights and Freedoms applies only where government is involved. However, the Charter can indirectly affect private sector employers. How?

Question 2

Describe two possible tools or rules that a judge may use in determining how to interpret a statute in a particular case.

Question 3

The Federal government’s jurisdiction over employment law is limited to industries that are of “national importance”. Explain what this concept means giving examples to as many industries as possible. Provide an example of a company that falls into each category you come up with. Come up with at least 5 industries and 5 corresponding company examples.

Answer 1

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Question 1 - The Canadian Charter of Rights and Freedoms applies only where government is involved. However, the Charter can indirectly affect private sector employers. How?

The Charter of Rights and Freedoms can indirectly affect private sector employers’ by prohibiting certain behaviour such as discrimination towards individuals in their organization. The two main branches of the common law that affect employers’ relationships are Contract Law and Tort Law. Contract Law governs agreements between the two parties and will award damages for breaches of this contract. Tort Law consists of a wrongful act(s) or injury that leads to physical, emotional, of financial damage to a person in which another person could be held legally responsible. Examples of tort are defamation, negligence and, assault.

Question 2 - Describe two possible tools or rules that a judge may use in determining how to interpret a statute in a particular case

The Four rules that a judge may use in determining how to interpret a statute in a particular case are:

• The Literal Rule
• The Golden Rule
• The Mischief Rule
• The Integrated Approach; also known as Purposive Approach

The Mischief Rule is meant to find out what was MEANT, while literal and golden rules are concerned with finding out what was SAID. Literal and Golden Rule also refer to Internal aids such as preamble to statute, definitions, and context of other sections and External aids such as dictionaries, scholarly articles, and previous interpretations.

Question 3 -  The Federal government’s jurisdiction over employment law is limited to industries that are of “national importance”. Explain what this concept means giving examples to as many industries as possible. Provide an example of a company that falls into each category you come up with. Come up with at least 5 industries and 5 corresponding company examples.

National importance is the importance of something is its quality of being significant, valued, or necessary in the economy, industries that are of national importance are:

• Service; accounting for 75% of Canadian jobs and 78% of the country's GDP. (eg. Real Estate, Walmart, and Costco)
• Energy; Canada is ranked at the top of the global leader of energy production and exports some of the energy they create. (eg. Suncor Energy Inc,)
• Manufacturing; approximately $174 billion of our GDP, manufacturing represents more than 10% of Canada’s total GDP. (eg. Lush, Honeywell, and Sunrise Farms)
• Agriculture; (eg. Viterra Inc, La Coop Federee de Quebec, and Ridley Inc.)
• Gold and Diamonds (eg. Barrick Gold, Goldcorp Inc, and Kinross Gold)

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