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IRE244 Legal (Comprehensive) Questions
and Answers (Expert Solutions)
Q: BNA Act (british north american act of 1876), 🗹🗹: gave provinces authority over
property and civil
rights and federal govt responsibility for peace order and
good government (i.e. POGG power)
- Residual powers not specified in BNA Act were assumed to be
provincial.
Q: What type of legislation did not exist when the BNA Act was passed in 1867?, 🗹🗹:
Employment legislation
Q: What act did the Canadian government pass in 1872 to legalize unions?, 🗹🗹:
Trade Unions Act
Q: What was the purpose of the Industrial Disputes Investigation (IDI) Act passed in
1907?, 🗹🗹: To require conciliation before a strike
Q: Snider Case Argument, 🗹🗹: federal government did not have jurisdiction to apply
the Act
to municipal employees or enact law affecting civil rights
Q: What was the important result of the Snider Case regarding labour relations and
employment law?, 🗹🗹: They became provincial responsibility, apart from a few
well-defined federal sectors.
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Q: Provincial Jurisdiction, 🗹🗹: Provinces given responsibility for property and civil
rights which the courts interpreted to include employment legislation
- 90% of employees in Canada are under provincial
jurisdiction
Q: Federal Jurisdiction, 🗹🗹: Federal govt has jurisdiction over certain industries
which
are interprovincial in nature or of national significance
- Includes federal govt employees and employees in banking, communications (TV,
radio, post office), interprovincial transportation (airlines, railroads), atomic energy,
etc.
- Covers 10% of employees in Canada
Q: Issue of whether employment legislation should be federal or provincial, 🗹🗹: -
Most recently during the COVID-19 crisis, the leader of the NDP called on the Liberal
government to step in and take control of what is now a provincially run system of elder
nursing homes
Q: Advantages of employment legislation being
provincial, 🗹🗹: - Provincial allows regional for variation in prov values
- Provincial allows for experimentation across
provinces
Q: Disadvantages of employment legislation being
provincial, 🗹🗹: Provincial creates admin problems for organizations operating in
more than one province
Q: What does Common Law of Employment apply to?, 🗹🗹: Individual employment
contracts in the absence of legislation
Q: How is Common Law of Employment inferred?, 🗹🗹: From past court cases (i.e.
legal jurisprudence)
IRE244 Legal (Comprehensive) Questions
and Answers (Expert Solutions)
Q: BNA Act (british north american act of 1876), 🗹🗹: gave provinces authority over
property and civil
rights and federal govt responsibility for peace order and
good government (i.e. POGG power)
- Residual powers not specified in BNA Act were assumed to be
provincial.
Q: What type of legislation did not exist when the BNA Act was passed in 1867?, 🗹🗹:
Employment legislation
Q: What act did the Canadian government pass in 1872 to legalize unions?, 🗹🗹:
Trade Unions Act
Q: What was the purpose of the Industrial Disputes Investigation (IDI) Act passed in
1907?, 🗹🗹: To require conciliation before a strike
Q: Snider Case Argument, 🗹🗹: federal government did not have jurisdiction to apply
the Act
to municipal employees or enact law affecting civil rights
Q: What was the important result of the Snider Case regarding labour relations and
employment law?, 🗹🗹: They became provincial responsibility, apart from a few
well-defined federal sectors.
, Page | 2
Q: Provincial Jurisdiction, 🗹🗹: Provinces given responsibility for property and civil
rights which the courts interpreted to include employment legislation
- 90% of employees in Canada are under provincial
jurisdiction
Q: Federal Jurisdiction, 🗹🗹: Federal govt has jurisdiction over certain industries
which
are interprovincial in nature or of national significance
- Includes federal govt employees and employees in banking, communications (TV,
radio, post office), interprovincial transportation (airlines, railroads), atomic energy,
etc.
- Covers 10% of employees in Canada
Q: Issue of whether employment legislation should be federal or provincial, 🗹🗹: -
Most recently during the COVID-19 crisis, the leader of the NDP called on the Liberal
government to step in and take control of what is now a provincially run system of elder
nursing homes
Q: Advantages of employment legislation being
provincial, 🗹🗹: - Provincial allows regional for variation in prov values
- Provincial allows for experimentation across
provinces
Q: Disadvantages of employment legislation being
provincial, 🗹🗹: Provincial creates admin problems for organizations operating in
more than one province
Q: What does Common Law of Employment apply to?, 🗹🗹: Individual employment
contracts in the absence of legislation
Q: How is Common Law of Employment inferred?, 🗹🗹: From past court cases (i.e.
legal jurisprudence)
