Learning objectives of this module Articulate what law is and what it is not Define the "rule of law" and "due process"Explain the differences between public and private law, citing examples of each Explain the overarching nature of Constitutional law to any state and describe Constitutional Act, 1867 and 1982 outlining the importance of the Charter of Rights and Freedom to OHS Practice Articulate the concept of Jurisdiction, its relevance to OHS law particularly with regards to federally and provincially regulated companies in Canada Discuss the concept of the separation of powers in Canada and articulate the roles of the3 arms of government in Canada Describe the law making process (federal and provincial) Describe what legislation and regulations areWHAT IS LAW? Law is a set of rules made by the government (legislature) that are enforceable in the court of law. Law and social controloLaw is a FORM of social control oIt can be used to influence and change peoples' behaviours oSociety wishes to discourage some behaviours for the greater good oEx. Murder, sexual offences, robbery, assault oThrough legal instruments, people who have committed these acts maybe punished in order to discourage others Law and Public Order oWithout the law, it is a state of anarchy oThrough legal instruments, the government maintains public order by sanctioning wrong-doers who violate the law Law and Human Relations oThe way we relate to each other in society is influenced by law oEx. Being able to sue somebody who has caused damage to your property Law and the Workplace oThe law places a responsibility on the employeroWorkplace parties such as Joint Health and Safety Committees and supervisors also have duties assigned by the law oIntent of the law is that by complying with these duties, hazards will be identified and controlled to ensure the safety and health of employees Characteristics of the Law oReason oCertainty oForce oNeutrality oNon-retroactivity Law is NOT oCustoms oTraditions oReligions
oMannersoMorality oLaw is not optional THE RULE OF LAW AND DUE PROCESS The rule of law oFundamental principle which states that no one is above the law and everyone should be subject to the law equally oDr. A.V Dicey No person is above the law, No one can be punished by the state except for a breach of the law, No one can be convicted of breaching the law except in the manner set forth by the law itself oWhat this means is, regardless of status and position in society the law applies to everyone the same way and a breach of it attracts the same punishment as set out under the law. oThe non retroactive nature of the law provides that no one should be punished for violating a law that was not in place at the time the action was committed oA breach of the law can only be established by the court of law in an open setting where the accused is duly represented and allowed to mount a defence against the charges laid on him or her.