The broadest level of all persons residing in canada

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-The broadest level of all persons residing in Canada are guaranteed protection under constitutionallaw, particularly the Charter of Rights and Freedoms.-There are a series of employment-specific legislation in Canada that employers must abide by, suchas the Employment Standards Act.-There are laws that specifically regulate some areas of HRM – occupational health and safety, unionrelations, and pensions and compensation, and more specifically – contract law.-Canada inherited the English system of Tort law. Tort law is primarily judge-based law, where theprecedent and jurisprudences set by one judge establishes how similar cases will be interpreted.-The Charter of Rights and FreedomsoThe cornerstone of Canada’s legislation pertaining to issues of human rights is theConstitution Act, Which contains the Charter of Rights and Freedoms.oThe Charter takes precedence over all other laws, which means that all legislation mustmeet Charter standards. With two exceptions:Allows laws to infringe on Charter rights if they can be demonstrably justified asreasonable limits in “free and democratic” Society – such challenges usually end upin front of the Supreme court of CanadaWhen a legislative body invokes the “notwithstanding” provision, which allows forlegislation to be exempted from challenge.
oThe Charter allows the following fundamental rights and freedoms to every Canadian,including, but not limited to:Freedom of Conscience and religionFreedom of thought, belief, opinion, and expression, including freedom of the pressand other media of communicationFreedom of peaceful assemblyFreedom of associationMulticultural heritage rightsFirst Nations’ rightsMinority language education rightsEquality rightsProvides the basis for human Rights legislation – guarantees equalprotection and benefit of law without discrimination based on race,national or ethnic origin, colour, religion, sex, age, or mental or physicaldisability.Right to live and work anywhere in CanadaRight to due process in criminal proceedingsRight to democracy-Human Rights LegislationoProhibits intentional and unintentional discrimination in employment situations and thedelivery of goods and services.oSupersedes term of any employment contract or collective agreement.oProvincial Human rights legislation is largely similar with minor differences among them.oAll jurisdictions prohibit discrimination on the grounds of race, colour, religion/creed, sex,marital status, age, disability, and sexual orientation.-An employer cannot discriminate directly by deliberately refusing to hire, train, or promote anindividual – AKA Intentional discrimination-Unintentional discrimination is not overt, and often embedded in policies and practices that appearneutral on the surface-Employers are permitted to discriminate if employment preferences are based on a Bona fideoccupational requirement (BFOR) – ie: a justifiable reason for discrimination based on business

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Term
Summer
Professor
Dieter

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