OHS MODULE 1 NOTES .docx - Learning objectives of this module Articulate what law is and what it is not Define the\"rule of law and\"due process Explain

OHS MODULE 1 NOTES .docx - Learning objectives of this...

This preview shows page 1 - 3 out of 14 pages.

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 the 3 arms of government in Canada Describe the law making process (federal and provincial) Describe what legislation and regulations are WHAT IS LAW? Law is a set of rules made by the government (legislature) that are enforceable in the court of law. Law and social control o Law is a FORM of social control o It can be used to influence and change peoples' behaviours o Society wishes to discourage some behaviours for the greater good o Ex. Murder, sexual offences, robbery, assault o Through legal instruments, people who have committed these acts maybe punished in order to discourage others Law and Public Order o Without the law, it is a state of anarchy o Through legal instruments, the government maintains public order by sanctioning wrong-doers who violate the law Law and Human Relations o The way we relate to each other in society is influenced by law o Ex. Being able to sue somebody who has caused damage to your property Law and the Workplace o The law places a responsibility on the employer o Workplace parties such as Joint Health and Safety Committees and supervisors also have duties assigned by the law o Intent 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 o Reason o Certainty o Force o Neutrality o Non-retroactivity Law is NOT o Customs o Traditions o Religions
Image of page 1
o Manners o Morality o Law is not optional THE RULE OF LAW AND DUE PROCESS The rule of law o Fundamental principle which states that no one is above the law and everyone should be subject to the law equally o Dr. 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 o What 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. o The 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 o A 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.
Image of page 2
Image of page 3

You've reached the end of your free preview.

Want to read all 14 pages?

  • Fall '14
  • SoniaLal
  • Law

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

Stuck? We have tutors online 24/7 who can help you get unstuck.
A+ icon
Ask Expert Tutors You can ask 0 bonus questions You can ask 40 questions (40 expire soon) You can ask 40 questions (will expire )
Answers in as fast as 15 minutes