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MANA 479 study guide Notes for Midterm 1 Employment Law (Concordia University) 2024
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MANA 479 study guide Notes for Midterm 1 Employment Law (Concordia University) 2024
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lOMoARcPSD|10754654MANA 479 study guide Notes for
Midterm 1 Employment Law
(Concordia University) 2024
, lOMoARcPSD|10754654
Part 1:
Constitution
Section 91: Federal jurisdiction
➢ Criminal law
➢ Postal services
➢ Military
➢ Divorce
➢ Indians and land reserve
Section 92: Provincial jurisdiction
➢ Property and civil rights
➢ Marriage
➢ Administration of justice
★ Federal and provincial powers are mutually exclusive, which means that they both cannot be
applied at the same time.
★ Areas of legislative authority are often referred to as “heads of power”
★ The government who has been attributed the head of power has the
exclusive right to make laws concerning that head of power
★ Heads of power are divided between the federal government and the provincial government
★ If that government fails to legislate the other government’s laws, it cannot fill the gap
★ From the above lists, we can see that the provincial governments cannot legislate in the area of
criminal law. Such a law would be ultra vires or unconstitutional. Ultra vires simply mean “beyond the
powers”
★ The constitution clearly divides legislative subject matter between the two levels of government
★ What happens when a legislative subject matter is not included in the heads of power listed in s.91
& s.92? For example telecommunications and labor relations. The courts are generally called upon to
decide
Case: Toronto Electric COM vs Snider [1925] aka Snider Case
➢ Determined that Labour Relations are part of Civil and Property Rights (Provincial jurisdiction)
➢ Law s.92 (13)
➢ A 1925 court case considering whether a federal law imposing on employers and employees a
Board which was required to make an inquiry and attempt to effect a settlement before a
strike or lock-out could be declared was unconstitutional.
○ The Privy Council declared that this was an interference with the civil rights of the
employer and employees under the Head of Power
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